Deepfakes & Cyber Law
While deepfakes are fascinating, their potential for harm, as seen in recent incidents involving Indian celebrities, necessitates careful regulation and public awareness.
What are Deepfakes?
Deepfakes Explained: These are highly realistic videos or audio recordings created using AI, where someone's face or voice is replicated in scenarios they never actually participated in.
Recent Incidents Sparking Concern
Celebrity Victims: Recently, several Indian celebrities, including Rashmika Mandanna, Katrina Kaif, Kajol, and now Alia Bhatt, have fallen victim to deepfakes. Alia Bhatt's face was edited onto another woman's body in a video that circulated on social media.
Earlier, a deepfake video featuring Mandanna in a black dress in an elevator went viral. This AI-generated video was created by superimposing her face onto another woman's body, leading to public outrage and concern.
Indian Government's Response
Appointment of an Officer: The Indian government has appointed an officer to assist in filing FIRs against social media firms in cases involving deepfakes.
Enforcement of IT Rules: Social media platforms are being directed to align their terms of service with India’s internet laws, particularly concerning the prohibition of deepfakes.
Conclusion
Balancing Innovation and Safety: While deepfakes represent a fascinating aspect of AI, their potential for harm, as seen in recent incidents involving Indian celebrities, necessitates careful regulation and public awareness to ensure safety and integrity in the digital space.
What the Law Says
The Information Technology (IT) Act, 2000, addresses various issues pertinent to the creation and dissemination of deepfakes. Key sections applicable to deepfakes could include:
Section 66D: Punishment for cheating by personation using a computer resource. This could apply to deepfakes used to impersonate individuals fraudulently.
Section 66E: Punishment for violation of privacy. Deepfakes often involve non-consensual use of a person's image, which could violate privacy norms.
Section 67: Punishment for publishing or transmitting obscene material in electronic form. If a deepfake is obscene, this section may apply.
Section 67A: Punishment for publishing or transmitting material containing a sexually explicit act, etc., in electronic form. This section is relevant if the deepfake contains sexually explicit content.
These incidents underscore the importance for law students to understand the IT Act, as it provides the legal framework to address emerging challenges posed by technologies like deepfakes.
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