Why in news?

The Ministry of Electronics and Information Technology (MeitY) submitted a status report to the Delhi High Court highlighting key concerns about deepfakes.

Deepfake technology creates realistic videos, audio, and images. It can change a person’s face, voice, and actions. This can mislead people and spread false information.

What’s in today’s article?

• Regulation of Deepfakes in India
• Background
• Government Report on Deepfakes: Key Concerns and Stakeholder Insights

Regulation of Deepfakes in India

• In India, while there's no specific law directly addressing deepfakes.
• Existing provisions under the Information Technology Act (IT Act) and other laws can be used to address their misuse, such as defamation, impersonation, and copyright infringement. 
• Existing Legal Framework:
  • Information Technology Act, 2000:
    • Section 66D:Penalizes cheating by impersonation using a computer resource, which could apply to deepfakes used for fraudulent impersonation. 
    • Section 66E:Addresses violation of privacy, which could be relevant if deepfakes are used to share private content. 
    • Sections 67, 67A, and 67B:Prohibit and punish the publication or transmission of obscene or sexually explicit material. 
    • Defamation Laws: Deepfakes used to spread misinformation or damage someone's reputation can be challenged under defamation laws. 
    • Copyright Act, 1957:Copyright holders can initiate legal proceedings against individuals who use copyrighted material without permission to create deepfakes, with penalties outlined in Section 51. 

Background

• Several petitions have been filed in the Delhi High Court seeking regulation of deepfakes and AI-generated content.
• Three petitions filed
  • Rajat Sharma's Petition (Journalist, India TV Editor-in-Chief)
    • Seeks regulation of deepfake technology.
    • Requests blocking of public access to apps enabling deepfake creation.
    • Argues that deepfakes pose a threat to society by spreading misinformation and disinformation, undermining public discourse and democracy.
  • Chaitanya Rohilla's Petition (Lawyer)
    • Calls for regulations on AI usage, addressing concerns over its unregulated deployment.
  • Kanchan Nagar's Petition (Model)
    • Seeks a ban on non-consensual commercial deepfakes.
    • Advocates for fair compensation for original artists in commercial advertising.
• Formation of Committee
  • In November 2024, the court instructed the Centre to appoint members to the committee.
  • The MeitY had announced the formation of a committee on November 20, 2024, to address this issue.
  • A nine-member MeitY committee, formed in November 2024, met stakeholders on January 21, 2025.

Government Report on Deepfakes: Key Concerns and Stakeholder Insights

• Rising Threats from Deepfakes
  • Deepfakes targeting women during state elections.
  • Increasing AI-generated scam content, particularly post-elections.
  • Need for better enforcement rather than new laws
  • Lack of a uniform definition for "deepfake."
• Call for AI Content Regulation
  • Stakeholders emphasized mandatory AI content disclosure, labeling standards, and grievance redressal mechanisms, focusing on malicious actors rather than creative uses of deepfake technology.
• Debate on Intermediary Liability
  • MeitY's panel proposed mandatory compliance for intermediaries regarding deepfake content.
  • Stakeholders cautioned against over-reliance on intermediary liability frameworks, advocating better investigative and enforcement mechanisms instead of new regulations.
    • Intermediary liability frameworks determine the extent to which intermediaries can be held liable for content on their platforms.
    • The frameworks range from holding intermediaries entirely responsible for the content posted on their platform to complete immunity.
  • A representative from X stressed the need to distinguish between deceptive and benign AI content.
• Challenges in Deepfake Detection
  • The Data Analysis Unit (DAU), part of the Meta-supported Misinformation Combat Alliance, highlighted:
    
    • Audio-based deepfakes are harder to detect.
    • Stakeholders underscored the need for collaboration and standard detection frameworks.
• Law Enforcement and Regulatory Actions
• The Indian Cyber Crime Coordination Centre (I4C) has been tasked with gathering data on deepfake-related cases from law enforcement agencies.
• Proposed solutions include awareness campaigns via platforms like YouTube.
• Ongoing Consultations and Next Steps
  • MeitY has requested three more months from the Delhi High Court to complete its consultations.
  • The ministry is yet to consult victims of deepfakes and is collaborating with the Ministry of Information and Broadcasting to gather their inputs.
  • Discussions so far have focused more on reactive measures rather than preventive solutions.