With AI technologies booming, people get to enjoy the benefits of it that virtually touch every aspect of their lives. It is helping people in ways never seen before. It is almost everywhere now. But as you know there are two sides of a coin. The other side of this coin is way worse than you can imagine. There have been numerous debates and concerns about the effect of AI with Job Displacements and Privacy Concerns being the major concern points.
One such AI technology is Deepfake.
What exactly is Deepfake?
Deepfake refers to an artificial set of media (images, videos, audio, etc) created using AI. Deepfake comes from ‘deep learning’ and ‘fake’. Artificial neural networks are trained on large datasets to learn and imitate patterns using Deep Learning. This is how Deepfake generates fake content.
The neural network involved in Deepfake is a Generative Adversarial Network (GAN). It consists of two parts- a generator and a discriminator. The role of a generator is to generate content. The discriminator’s role is to evaluate the content generated. Through repeated iterations, they both create realistic artificial media.
All in all, Deepfakes have the dangerous tendency to create hyper-realistic videos or images of people saying or doing things they never did. Creating fake or morphed images, making people say things they never said, putting someone’s face in another person’s body, all of this can be done using Deepfake. This is extremely problematic as it can be used to spread misinformation and fake news among people.
Why is Deepfake a rising menace?
You all must be no strangers to the viral video of Rashmika Mandana, a South-Indian actress, and how her face was morphed into someone else. This led to everybody talking about it. Even our PM Narendra Modi raised his concerns over the viral video. After this, many other actresses were made the target of this technology.
This is highly concerning. A video of people doing things they never did. This can be easily used to spread misinformation and false news. Using someone’s face without any consent can lead to privacy concerns for individuals.
Thus, Deepfake is deeply problematic as it becomes really difficult to discern what is real and fake in the world of the internet. Things can be easily manipulated to become something they were never meant to be. It can turn into very dangerous problems like cyber security risks, political manipulation, business and financial fraud, etc.
This forces us to ask ourselves, Are we ready to face it? Do we have all the help at hand to tackle this problem? Let us read further to know.
Where India stands currently w.r.t. to Deepfake
There isn’t any law as such at present to tackle Deepfake and its impact. However, the recent few incidents have forced the government to take the necessary steps to curb its implications. In a few days, we will have the laws subjected to Deepfake and its usage. Until then we make use of the existing laws at hand to tackle its problem. Let us go through the laws that apply during the misuse of this technology.
- Indian Privacy Laws
The distribution of obscene content or the development of fake content without consent has serious implications under Indian law. The violation of privacy (Section 66E) and publishing or transmitting obscene material (Section 67) of the Information Technology Act, 2000 can be called when the user’s privacy is invaded or something without his consent is being posted.
- Indian Defamation Laws
An attempt to defame a person or an organization by saying negative things about them or damaging their reputation publicly is known as defamation. This can be taken care of by the IPC Sections 499 and 500. People can file the case in these sections if they find that there is an attempt to harm their image through Deepfake. It can lead to imprisonment and fines.
- Intellectual Property Rights and Copyright Infringement:
Deepfake content often makes use of other people’s property without proper authorization or consent. Victims can use the Copyright Rights Act 1957 to safeguard their copyrighted content. Legal actions will be taken against those who are found guilty of copyright infringement which can lead them to remove their content online.
- Indian Data Protection Laws
The Data Protection Laws under Sections 43A and 66 of The Information Technology Act, 2000 stand like a barrier against fake Deepfake content. Developing such content may include illegal data extraction through hacking, breaches, or cybersecurity violations that result in crime. Such laws take care of your rights and provide proper punishment to the hackers.
- Identity Theft and Fraudery Laws
Sections 419 and 66D under the Information Technology Act, 2000 can be applied under fraud or identity theft in the case of Deepfake misuse. These are strict laws that when invoked can lead to imprisonment and a huge amount of fine.
- National Security Factor
The content that has a potential threat to the nation’s security is dealt with under National Security Laws like UAPA. The goal is to ensure the safety of the nation and prevent any such content from spreading misinformation or threats to the nation. There are very strict implications for anyone found guilty under this. It can lead to imprisonment and a huge amount of fines.
Final Analysis
The rapidly evolving nature of this technology is posing a great threat to us. It’s almost everywhere now. It has become extremely hard to find out what is real and what is not in this world of internet. On top of that, when you find things created without your consent, it becomes important to deal with them legally. It’s about your fundamental rights as the citizens of this country. Though India is not very well equipped with the laws at hand to tackle this problem, these existing provisions of the IPC and the Information Technology Act, of 2000 work closely to provide you with the justice you deserve.
What can be done?
Here are some suggestions that can be incorporated into the existing to get a better hold of these laws while countering Deepfake cases.
- Deepfake related legislation
Specific laws that address this problem can be adopted. A clear definition of punishments and offenses can be stated for those who create and distribute unauthorized and fake Deepfake content.
- Amendments to the existing Privacy laws
The government can make these privacy laws specific to Deepfake technology. Make sure that people have protection against anyone who makes an attempt to breach their privacy or create any unauthorized content without their consent.
- Educating people and spreading awareness
Make people aware of Deepfake and its implications, associated risks, their rights, and the available legal help. Inform them about the legal initiatives while educating them about the technology. This will help people to know about their rights and report cases that involve intrusion into their rights.
- Promote research and Development
The government can allocate a budget for the research and development of technologies that can detect Deepfake content and its distribution. Taking an active part in developing resources and technology that help legal enforcement in assisting people who are victims of this dangerous technology.
With proper legal implications, we can together fight against the misuse of this technology.