Deepfakes and Article 21 of the Indian Constitution: A Case for Legislative Intervention

Deepfake technology backed by artificial intelligence has transformed the nature of digital harm. Unlike typical misinformation, deepfakes allow for the synthetic alteration of a person’s face, voice, gestures, or identity in ways that can jeopardize privacy, dignity, autonomy, reputation, and mental tranquility. These rights are safeguarded under Article 21 of the Indian Constitution, which has been interpreted by judges to encompass the right to privacy, dignity, reputation, and even the right to be left alone. However, India’s current legal approach to deepfakes remains fragmented. The Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Bharatiya Nyaya Sanhita, 2023, and various civil actions, including personality-rights injunctions, offer victims a patchwork of remedies, but they do not constitute a cohesive deepfake law. Thus this paper contends that deepfakes constitute a direct constitutional danger to Article 21, and that India requires a specialized regulatory framework based on permission, provenance disclosure, fast takedown, victim compensation, and platform accountability.