Why is it in the news?
- The use of deepfakes in political campaigns and online gendered violence is a growing concern.
More about the news
- Deepfake technology involves the manipulation of digital media (video, audio, images) using Artificial Intelligence (AI).
- Deepfakes often have a gendered impact, with a significant percentage being pornographic.
- A study found that 96% of deepfakes were pornographic, with 99% involving women.
- Deepfake technology used for online gendered violence, causing psychological trauma to women.
| Existing Laws in India
· India lacks specific laws addressing deepfakes and AI-related crimes. · Provisions under the Information Technology Act, 2000 (IT Act) are applicable, including Sections 66E, 66D, 67, 67A, and 67B. · The IT Rules require social media platforms to remove ‘artificially morphed images’ or risk losing ‘safe harbour’ protection. · Sections of the Indian Penal Code, 1860, can also be used for cybercrimes associated with deepfakes.
Challenges with Existing Laws · Critics argue that current laws are not adequate for emerging technologies like deepfakes. · The legal framework needs a comprehensive approach considering the wide range of harm caused by generative AI technology. · Existing laws place the burden on victims to file complaints, and enforcement mechanisms may be insufficient.
International Best Practices · The U.S. introduces executive orders, laws criminalizing deepfake distribution, and regulations for labelling AI-generated content. · China implements regulations to restrict deep synthesis technology, ensuring explicit labelling and traceability. · The EU strengthens its Code of Practice on Disinformation, proposing fines for social media platforms not flagging deepfake content. |
Proposed Reforms and Government Response
- Proposed regulations aim to hold creators and social media intermediaries accountable.
- Though existing laws deemed adequate by the government, critics argue that regulatory reforms should consider preventive measures, awareness, and robust enforcement mechanisms.
- Recently, the Delhi High Court expresses reservations about issuing directions to control deepfakes, suggesting that the government is better suited to address the issue.
- Public Interest Litigation (PIL) petition seeks to block access to websites generating deepfakes.
Conclusion
- Critics emphasize the need for a holistic approach to AI governance in India, including safety standards, awareness programs, and institution building.
- Suggestions for innovative policy tools, such as regulatory sandboxes, to balance innovation and regulation without curbing free speech can be considered.
