Ranveer Singh took on X and posted a message that read, “Deepfake se bacchon doston,” after a deepfake video of him immerged and went viral on social media platforms.
As per official reports, a FIR has been registered in Cyber Cell, but this raises concerns regarding the unchecked advancement of AI. As AI progresses, establishing legislation to oversee its advancement and utilization becomes imperative.
Without proper regulations, there’s a potential for unintended negative consequences, such as perpetuating bias or infringing on privacy. A legal framework is necessary to ensure that AI is developed and deployed responsibly, maximizing its benefits while minimizing risks.
Recent events, like the widespread dissemination of a deepfake video featuring Ranveer Singh, underscore the potential havoc that unchecked AI can wreak. This incident sparked widespread concern and shed light on the capabilities of AI beyond merely creating harmless memes or completing tasks. Citizens are now particularly worried about whether Indian laws are sufficiently equipped to address the complexities of this constantly evolving technology.
THE CURRENT LAW
As per the current legal framework of the Indian legal system, there are remedies through which a person can assert his rights and take action against Deepfakes. For instance:
- Deepfake crimes, encompassing actions like capturing, publishing, or transmitting someone’s images in mass media to violate privacy, fall under Section 66E of the Information Technology Act, 2000 (IT Act). Penalties include up to three years of imprisonment or a fine of ₹2 lakh.
- Malicious use of communication devices or computer resources for impersonation or cheating is punishable under Section 66D of the IT Act, with penalties of up to three years imprisonment and/or a fine of ₹1 lakh.
- Sections 67, 67A, and 67B of the IT Act target the dissemination or transmission of obscene or sexually explicit deepfakes, while the IT Rules mandate prompt removal of ‘artificially morphed images’ by social media platforms to retain’ safe ‘harbor’ protection.
- Provisions of the Indian Penal Code, such as Sections 509 (insulting the modesty of a woman), 499 (criminal defamation), and 153 (a) and (b) (inciting communal hatred), can be applied to cybercrimes involving deepfakes and an FIR can be registered under Sections 465 (forgery) and 469 (forgery to harm reputation).
- The Copyright Act of 1957 can be invoked if copyrighted material is used in creating deepfakes, with Section 51 prohibiting unauthorized use of property belonging to another person, protected by exclusive rights.
FAULT LINES AND THE ROAD AHEAD
Although there is a legal framework in place, it is only meant to reprimand the wrongdoer. There is a lack of systems that can prevent this mayhem.
There is a need for a regulatory framework that evaluates the various types of harm caused by AI technology. Additionally, a strong enforcement mechanism is essential, as it’s not just about drafting laws but also about having the institutional capacity to effectively implement and enforce those laws.
And it is very reassuring that the Union Minister for Electronics and Information Technology, Ashwini Vaishnaw, has disclosed that the Indian government is currently working on formulating a new law specifically addressing artificial intelligence (AI). This legislation aims to protect the rights of news publishers and content creators while also maintaining balance with the interests of AI technologies. The overarching objective of this law is to foster innovation within the industry.
In conclusion, the forthcoming legislation on AI promises to not only safeguard the rights of news publishers and content creators but also to mitigate the potential risks associated with AI technology. By striking a balance between innovation and protection, this initiative will contribute to fostering a safer digital environment and instilling confidence among social media users.
