Abstract

Deepfake technology, which uses artificial intelligence to create hyper-realistic, digitally altered content, has raised significant concerns globally due to its potential for misuse in areas like political manipulation, defamation, and revenge porn etc.. In India, the lack of specific legal provisions targeting deepfakes creates a critical gap in addressing the harm caused by these malicious digital creations. This paper explores the legal landscape in India, analysing existing laws such as the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023, while also examining global approaches to combating deepfake crimes. The paper highlights the challenges in detecting and prosecuting deepfakes, including technological limitations, jurisdictional issues, and the balancing act between freedom of speech and regulation. Case studies, such as the use of deepfakes in defamation cases in India and international efforts like deepfake laws, offer valuable insights into potential solutions. The paper concludes with proposals for strengthening India’s legal frameworks, focusing on the introduction of specific legislation, technological solutions, law enforcement training, and public awareness campaigns. The ethical considerations surrounding deepfakes, particularly regarding privacy, consent, and the role of technology companies, are also critically examined. This study emphasizes the need for a comprehensive approach to addressing deepfakes, aligning legal, technological, and ethical frameworks to protect individuals’ rights while promoting digital innovation.

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