Deep fake videos, images storming internet: What laws can come to your rescue?

Abstract:

Allowing attention – grabbing deep fakes that profit from the male gaze generates higher advertisement revenues for platforms by driving up engagement and harming  vulnerable users .  Apart from causing economic , physical, and  or psychological harm to victims it restrict their right to freedom of speech , forcing victims to shut down their social media handles . and also restricts women’s access to the technological things of production in an era of informational capitalism . social media content has emerged as a form of gig workers. Where participants can view it as a natural medium for self expression , platform design also enables the monetization of content , audiences and skills. Also deep fake can be used in a good way to helping people who have been  lost their speech to give them a new voice. And it can be used in entertainment field in improve of  quality. Any technology brings both positive side and negative side effects.. negative side of deep fake including morphed videos, fake images, moulded audios that look very realistic which could threat to individual’s privacy. Deep fake technology has emerged as a powerful tool for creating hyper realistic synthetic media, including videos and images manipulate and superimpose faces onto different bodies for scenarios. this phenomenon coupled with the rise of image storming where a large volume of manipulated content is disseminated rapidly across at large. Deep fake videos and image storming can lead to severe consequences ranging from reputational damages to emotional distress and even financial losses. As these manipulations become more sophisticated and accessible, there is growing need for effective legal mechanism to protect individuals who fall victim to such malicious activities . Legal remedies for victims of deep fake videos and image storming vary across jurisdictions. privacy laws , defamation statutes ,and intellectual property rights may be invoked to see recourse for the harm caused,  however the evolving nature of defect technology often outpaces development of legislation, creating gaps in protection. And this research paper explore the implications of videos and images storming and examination legal frameworks available to rescue victim of these malicious practices .

Keywords: Artificial intelligence, deep fakes, face swapping, privacy , fabricated videos, audios and images.

Introduction:

The term “deep fake” is a merged  word of “deep learning” and “fake”, it refers to the utilisation of deep learning techniques, particularly generative adversarial networks ( GANs) , to generate synthetic content that seamlessly replaces or superimposes elements with in existing media. Deep fakes are digital media , where using the Artificial intelligence (AI) manipulated and edited the videos, audios and images. Deep fakes are created for  spreading misconceptions, and to inflict the harm of an individual and institutions. It’s spreading misinformation when the videos , audios and images are forged and because of today’s digitally  advanced technology , it could be difficult to find the real one or forged one. Apps like Snapchat , Instagram , Facebook and many more approaches to learn specific image features and transpose them onto another video or image. In order to post on these type of platform and in order to looking perfect in front of the world person bound to find the perfect way for looking perfect. and here comes the research and invasion of deep fakes. These type of social media apps can successfully mimic individuals in videos, images and audios giving rise to about the spread of moulded content. Deep fake technology relies on machine learning algorithms, specifically GANs , which include two type of network, a generator and the other is discriminator, the generator critically generate the synthetic content, while the discriminator evaluates the authenticity of that content. The societal implications of deep fakes extended beyond their immediate applications. The main concern raise about privacy have intensified as anyone’s  likeness can be superimposed into compromising or fabricated situations, it can be resulted to take revenge through pourn, blackmail , and harassment are becoming more potent and difficult to combat as deep fake technology advances.

The legal landscape is struggling to adapt to the challenges posed by Deep fakes . Laws surrounding defamation , intellectual property, and privacy need to be revaluated in the context of digital forgeries. Determining liability insuring accountability in cases involving deep fakes remains a complex and evolving issue.

One of the most prominent source of Deep fakes is the entertainment industry. Where they allow filmmakers to create  such an actor or seamlessly integrate fictional characters into real world scene to capture perfect scene. This technology has the potential to create captivating experiences but also raises question of the authenticity of the artistic works and boundaries between reality and fiction. Another realm significantly impacted by deep fakes is politics . Where through deep fakes politician’s speech can be manipulated. This technology can be used spread misinformation about speech, manipulated elections, or incite public outrage by falsely attributing words or actions to political figures. It had a immense in democracy and public interest, as it became challenging day to day to discern fact from fiction to digital landscape.

Beyond entertainment and politics, Deep fakes find applications in various sectors, including law enforcement, where they can be used to enhance surveillance footage or simulate crime scenes for investigative purposes. However the ethical considerations of using manipulated evidence in legal proceedings and the potential significant concerns.

Research methodology:

This research paper is to bring the light the deep analysis on deep fake videos, images storming internet: and what law comes when deep fake situation arises. And for this research paper reference used by like, newspaper, websites and journals etc.

Review of literature:

Elon Musk said “ Artificial intelligence (AI) is far more dangerous then nukes. I think danger of AI is much greater then the danger of nuclear warheads by a lot.”

And in today’s  scenario the word’s  said by Elon musk is true . Firstly the Deep fake was developed in 1860. When a portraiotin of southern leader John Calhoun was expertly altered for propaganda by swapping his head out for the US president. These all manipulation done by painting, splicing and copy – moving items inside or between two photos.

Despite new technology there is a lot of research on this technology, there is lot of articles and research paper published on deep fake technology to showcase it’s threats. Although there  is lot of positive points also who has been using in today’s  world like in the field of internet and many more places.

Legal provisions that can be invoked against deep fake media in India :.

Privacy :

The information technology act provide certain rules and protection for individual’s privacy and also the right of data privacy. If any individual found that his privacy and data are breached he can potentially file a suit under this law.

Section 66(d) of the it act deals with the punishment of cheating by using a computer science and it’s  resources. And if  anyone found guilty under this act the imprisonment up to three years and a fine up to one lakh.

Defamation :

The provisions of defamation contains in the Indian penal code under (section 499 and 500). If any deep fake video is created with the intention of harming the reputation and by spreading the fake news or information, and  by this affected the individual can file a defamation suit against the one who spread this false news .

However, when it comes to the deep fake videos which are fabricated and manipulated it seems often realistic. The deep fake videos can be used as false scenarios or  statement that appear to be made by subject , even if they are not actually said , and portyed by this way that they are looking real. In such cases the affected person can pursue the lawsuit on the ground of defamation if certain elements are to be proven.

  1. The videos and photos must contain false information .
  2. The video and photos must be shown by third person or public
  3. The contain which is in the video or photos must suffer harm to the reputation of affected person as a result in false video.

Cybercrime:.

The information technology act  also cover the cybercrime cases. In cases if data is hacked by computer using illicit method for that and draft the  fabricated videos affected person have recourse under this law .they can file a lawsuit as these actions often involve illegal access to computer . The act provide the legal solutions to solve such offences and seek remedy .

Right to be forgotten:

While there is no special or special law which deals solely this right know as the “right to be forgotten” but individuals  can approach courts of law and can request to the court of law to remove deep fake videos contained personal information form Then it’s up to court whether it may consider based on privacy and data protection principles.

Consumers protection law:.

If the creation or distribution is deep fake or use of fraudulent purpose to harm the consumers, then the affected person can seek the individual under the law of consumer protection act, 2019 . The aim of this law to protect consumers right and can be sealed of fraud or misrepresentation.

Data :

According to research by IT for change, in India , one third of the women surveyed reported that they had faced harassment, abuse, or unwanted behaviour online and two fifths knew women in their circles who had similar experiences . 90% of the respondents who had faced harassment reported  having faced it on multiple occasions .further data indicating a wide gap between male and female users of social media platform reveals the starkly gendered digital divide in the country , for instance , as per Instagram users in India are women , while around 72.5% are men.

Ethical and legal concerns :

Deep fake technology raises significant ethical and legal concerns across various domains, ranging from privacy violations to the manipulation of information. One major ethical dilemma is the potential for deep fakes to deceive and manipulate individuals, leading to trust erosion in interpersonal relationships and undermining the credibility of visual evidence. This technology also poses a threat to public figures, as malicious actors could create convincing but fabricated videos to spread false information, potentially causing reputational damage or even political unrest.

Privacy infringement is a paramount concern, as deep fake technology enables the synthesis of realistic videos using existing images and videos of individuals without their consent. This raises questions about the control individuals have over their own likeness and the potential for deep fakes to be used for harassment, revenge porn, or other malicious purposes. Moreover, the boundary between genuine and manipulated content becomes increasingly blurred, challenging the fundamental notion of truth and authenticity. The legal landscape struggles to keep pace with the rapid advancements in deep fake technology. Laws regarding defamation, intellectual property, and privacy are often ill-equipped to address the nuanced challenges posed by synthetic media. Attribution and accountability become intricate issues, as determining the origin of a deep fake and holding creators accountable can be exceedingly difficult. This legal ambiguity hampers the development of effective regulatory frameworks to mitigate the potential harms associated with deep fake technology.

Furthermore, deep fakes exacerbate the existing challenges related to misinformation and disinformation. The ability to convincingly alter audiovisual content raises concerns about the credibility of news sources and the trustworthiness of information disseminated online. This has broader societal implications, as the manipulation of public opinion through deceptive media can contribute to polarization, erode democratic values, and undermine the foundations of an informed citizenry. Another ethical dimension involves the potential use of deep fakes for malicious purposes, such as cyber threats and social engineering. Deep fake-generated content could be employed in phishing attacks or other cybercrimes, exploiting the trust individuals place in visual and auditory information. As a result, there is a pressing need for cybersecurity measures and awareness campaigns to educate individuals about the existence of deep fake threats and how to discern authentic content from manipulated media.

CASE LAWS :

R v. Larounche, a Quebec decision in which an accused was charged with possessing photo and video files of child pornography, with some of those files constituting deep fakes ,in that decision The Quebec court  describe the pics as electronic Montex  allowing the face of one person to be included on the body of another ,  but did not expand on the subject further.

Yenovkian v. Gulian , in this case, a wife sought damages from her ex husband ,who had engaged in a long campaign of cyber bullying against her .the cyber bullying involve creating websites and social media post accusing the wife and her parents of various illegal including child abuse kidnapping ,  and fraud .

Durkin v. Marlon, in this case ,the plaintiff claim defamation  and invasion of privacy torts related to an article authored by the defendant .  in particular, the defendant argued that the defendant’s article placed him in misleading light by portraying him as a thief,  the court held that the plaintiff ‘s false-light claim was legally tenable but noted that in the circumstances of the case, the plaintiff had failed to prove all of the elements of the tort .

Challenges  and critiques :

In recent years, the advent of deep fake technology has introduced unprecedented challenges to various aspects of society, raising concerns about privacy, security, and the potential misuse of manipulated content. Concurrently, legislative bodies worldwide have scrambled to address these emerging threats through the enactment of rescue laws. This essay aims to delve into the intricate relationship between deep fakes and rescue laws, exploring the evolving legal landscape and offering critical insights into the efficacy of current measures.

The term “deep fake” itself is a portmanteau of “deep learning” and “fake,” indicating the utilization of advanced artificial intelligence (AI) techniques to fabricate convincing yet entirely synthetic content. Originally emerging as a tool for creating realistic video impersonations for entertainment purposes, deep fake technology has since evolved into a powerful instrument for generating misleading or malicious content.

One of the primary concerns associated with deep fakes revolves around their potential to deceive and manipulate public opinion. The ability to superimpose someone’s likeness onto another person’s actions or speech has profound implications for misinformation and propaganda. As deep fake technology becomes more sophisticated, the line between reality and fabrication becomes increasingly blurred, challenging traditional methods of discerning truth from fiction. In response to the growing threat posed by deep fakes, lawmakers have sought to implement rescue laws aimed at mitigating the potential harms associated with manipulated content. These legislative efforts encompass a range of measures, including criminalizing the creation and distribution of deep fakes without consent, enhancing penalties for malicious use, and establishing frameworks for the removal or labeling of deceptive content on online platforms.

However, the effectiveness of these rescue laws is subject to ongoing scrutiny. Critics argue that the rapid evolution of deep fake technology outpaces the legislative response, rendering current laws insufficient to address the dynamic nature of the threat. Additionally, the global nature of the internet poses challenges for enforcing regulations consistently across borders, highlighting the need for international cooperation in addressing the deep fake phenomenon. Moreover, the ethical dimensions of deep fake legislation warrant careful consideration. Striking a balance between protecting individuals from malicious use of their likeness and safeguarding freedom of expression poses a formidable challenge. The risk of overreaching legislation that stifles creativity or legitimate forms of expression raises questions about the potential unintended consequences of hastily crafted laws.

In light of these challenges, technological solutions have also emerged as essential components of the broader strategy to combat deep fakes. From developing advanced detection algorithms to promoting media literacy and awareness, a multifaceted approach is necessary to address the complex and evolving landscape of synthetic media. As the legal and technological responses to deep fakes continue to evolve, it is crucial to maintain a forward-looking perspective. Anticipating future developments in deep fake technology and adapting regulatory frameworks accordingly will be paramount in staying ahead of potential threats. Moreover, fostering collaboration between governments, tech companies, and civil society is essential for crafting effective and globally coordinated responses to the challenges posed by deep fake.

Conclusion:

In conclusion, Deep fake technology poses a formidable challenge to the legal landscape, demanding comprehensive legislation to address its implications. The advent of deep fakes, hyper-realistic manipulated media, necessitates a reevaluation of existing rescue laws. These laws, initially designed to protect individuals from harm, are grappling with the evolving nature of digital deception. In the context of deep fakes, the blurred line between reality and fabrication raises profound ethical and legal questions. The potential for malicious actors to exploit this technology for various nefarious purposes, from spreading misinformation to damaging reputations, underscores the urgency for legislative action. As society navigates this complex terrain, lawmakers must strike a delicate balance between safeguarding freedom of expression and mitigating the risks associated with deceptive content.

The legal response to deep fakes must transcend traditional boundaries, encompassing civil, criminal, and technological dimensions. Civil liability frameworks need enhancement to provide adequate recourse for victims of deep fake manipulation. Courts must grapple with the challenges of attributing responsibility and quantifying damages in a digital landscape where truth is malleable. Criminalizing the malicious creation and dissemination of deep fakes is a crucial step in deterring potential offenders. Law enforcement agencies require updated tools and expertise to investigate and prosecute these technologically sophisticated crimes effectively. Collaboration between governments, tech companies, and international bodies is essential to formulate cohesive strategies that can adapt to the rapidly evolving nature of deep fake technology.

Technological countermeasures, such as advanced detection algorithms and authentication mechanisms, should be integrated into the legal framework. Proactive measures are necessary to stay ahead of the curve, as reactive approaches may prove insufficient in addressing the scale and speed of deep fake proliferation. Moreover, educational initiatives are imperative to raise awareness about the existence and potential dangers of deep fakes. Empowering individuals to critically evaluate media content contributes to a more resilient society that can discern between authentic and manipulated information. In conclusion, the convergence of deep fake technology and rescue laws necessitates a multifaceted approach. Legislators, law enforcement, and technology experts must collaborate to craft comprehensive and adaptive frameworks that mitigate the risks posed by deep fakes. The legal response should be proactive, encompassing civil remedies, criminal sanctions, and technological innovations. Only through a concerted effort can society effectively navigate the challenges posed by deep fakes and uphold the principles of truth, accountability, and justice.

Shahe Umam

Jamia Millia Islamia, New Delhi