ABSTRACT:-
We know that AI has improved as well as develop a lot from the past year, which is truly helpful for all the people. A new AI tool known as the deepfake came into existence which was brought to entertain people, but later on it change to non-consensual pornography, shopping identity, defaming. This paper will deal with various laws made in India, USA, and European Union. Also, this paper will conclude with how we can improve our legal framework.
KEYWORDS:-Deepfake, free speech, privacy, misinformation, regulation
INTRODUCTION:-
As we all know that AI has played a very major role in making our lives easier by helping us in various matters. Similarly, in India, we can see that even our education department as well as other departments use AI to help themselves by making their work easier and efficient, even though AI has acted as a boon for all of us, but there are various instances where it has been misused on a larger terms. The most common miss happen for this century is the Deep fake. Now what truly is Deep fake? What is this term? According to (1) Deepfake is either a photo or a video made by person in which they can be either swapping a face of a person or a voice or even that particular person as well. This tool can be used for entertainment purpose like using various movies like fast, furious, MS Dhoni, et cetera. In which they replace the face of the actor or actress during the stunt or any other event. But now it is being used by some dirty mind. People who have to trouble the others. Now these people use it to spread misinformation among groups, violate others privacy, et cetera. This poses an immense unethical and illegal behaviour as well as challenge for our society. Many countries and unions have sorted to make laws according to these type of matters, but India being the world biggest user of AI, still, there aren’t any specific law made till now. This research will help you to know more about what is the deepfake and what is the required or desired legal framework for it.
RESEARCH METHODOLOGY:-
This paper majorly focuses upon more analytical approach dependent upon two types of sources, primary and secondary sources.
Primary sources:-
- Information and Technology Act, 2000(3)
- IPC sections(4)
- Judgements.(5)
- USA and European laws(6),(7),(8),(9),(10)
Secondary sources:-
- Articles on deepfake
- Articles of freedom of speech,
- Blogs on Indian technology laws,
- Various reports on AI and misinformation
- Expert commentaries
REVIEW OF LITERATURE:-
There are various experts as well as various college as well have started to help
us with their commentary upon the most dangerous evil Deepfake. Daniel Citron had published his famous work upon “Sexual privacy”(11), which deals with how various women are being harmed by this deepfake, as they face are being used in various videos without their consent and disturbing their privacy. Similarly, like Citron Robert Chesney also wrote the similar thing in his research “Deepfake and The New Disinformation War”(12), which tells us that how this media poses an immense threat to the privacy and security of the country. Similarly, like these foreign authors are local famous legal scholar, Mr Apar Gupta also published in his research, “India’s legal framework and the looming threat of Deepfake”(13) where she told us how our Indian judiciary still lacks and is still not well equipped for various AI attacks.
METHOD:-
1: What are deepfakes?
Deepfake means it is a simple AI tool which helps in swaping of face of a person or a voice or even an individual in image or in a video(1). This act can be done by the help of tools like deepfake lab, face work, and most commonly used is Reface.
In this earlier times in the earlier times. These type of tools were only available to experts mainly who worked in movie series, et cetera bracket mainly for entertainment services only, but now this tax is accessible for each and every person in the whole world. Earlier people used to use them for some edits, some edits or digital arts. But now it is used in nonconsensual pornography where most people are targeted, and these people are either famous personalities or celebrities, but now people have started to use them upon common people for their revenge, which is very harmful for our society
2: Deep fake and free speech:-
As we know that freedom of speech is defined under the article 19 (1)(A) of the Indian Constitution (14). Where people who are into these Deepfake videos or photo the different by saying that they are not exporting this right. Similarly, they have this as their basic fundamental right also. But after so many cases seen by us in the recent times, you can see that people are exploiting this right and is used as a remedy or excuse for their illegal a also, we cannot always define or prove that yes, this video is fake, but this photo is fake which was made to mock someone. This makes difficulty for the court to punish those who committed this act which is truly sad. That’s why proper laws are needed to be made for this illegal or unethical acts
3: Famous case of Rashmika Mandanna:-
Recent case with the famous actress Rashmika Mandanna came into light during the month of November year 2023. In this video, they swap the face of Rashmika Mandanna with a popular influencer named Zara Patel. Later on when it became wide spread, the court took proper action upon this video and took down it from all the social platforms. An FIR was filed under the section 465/469, 66C, 66D, 66E of the information and technology technological ac 2000. The court punish the accuse under section 66B of the IT act 2000 with three years of imprisonment and ₹1,00,000 fine upon the accused(5). Various celebrities did support her by titling this act as extremely scary. Similarly Rashmika Meena also commented upon this by saying that it’s extremely scary for her to see what is happening and what people are doing to take revenge on her or just to satisfy their devil mind.
4: Comparison between IT laws in India, USA, European Union:-
| ASPECTS | INDIA | USA | EUROPEAN UNION |
|---|---|---|---|
| LAW SPECIFIC | More of applicable upon everything not deepfake focused | Various state have developed there own specific deepfake laws | It is truly specific GDPR and AI ACT |
| CONSENT | Very Weak | Moderate | Strong specifically in GDPR |
| FREE SPEECH LIMIT | It is normal but still needs improvement | Strong under 1 A Act | Proportional Limits |
By this, we can get to know that our IT laws are still very behind these countries and India still needs to develop which framework by defining the term defect properly, finalise those who don’t take any sort of consent, proper rules and regulation for it. We can see that how European Union and specifically defined what truly is what are their various acts and how they take action against a person to exploit. We can totally see that they are moderate of this, but they do have specific laws, but still our India lacks upon it as we just have an IT act, not a specific Deep focus one which is truly necessary for us. Also also, it is seen that yes, Europe, European Union and USA do provide freedom of speech to their citizens, but it is still regulated under 1A act in the US and proportional limits are placed in the European Union whereas our India still like upon
SUGGESTIONS:-
- Make proper laws for deepfake as it is truly necessary
- Add consent rules for AI generated content.
- Impose rule upon these social media platforms.
- Awareness campaign should be conducted by the government
- Complaint system should be made
- Watermark
- Regulate these AI tools
CONCLUSION:-
As we know that AI truly has evolved a lot, but people have used it for various ethical and unlawful acts. The most common one is deep sick, which is no longer just a technological experiment where we used to make entertainment videos but now it’s used to steal other peoples identity, spread fake news in vario and ruined reputation of someone in just seconds. As we know by the case of Rashmika Mandanna, the damage is often done before the court could even react, even though our Indian legal system is trying to fight crimes, but still they don’t have enough or proper knowledge about it as we know that our laws are truly owe so we need new ones to fight these type of new crimes. Yes, we made some laws like IT act and various IPC sections are informed to protect people, but they truly aren’t enough. Other countries, especially like in the European Union and the USA, they already are moving ahead. Office how they have a clear, modern and proactive approach towards deep faith, they have made proper rules and regulation for India still needs to capture. We just need to protect our citizens but also build a trust in the digital world so that our people can easily use it with having any sort of threat. The law should mainly focus on three main things. First is consent. second is accountability and the last awareness we know that without consent, the fake is truly a digital identity theft. That’s why it’s truly important to 1st of all focus upon it because people tend to miss use this deep faith without others consent and deed. Without the having a proper accountability, we speak content can be spread which can share their truth, which is truly not good for a national security. Also, we need to aware people how we know that people are falling into these deep fake without knowing that they are being placed in a proper trap. There are recent cases also where it was seen that someone depicts himself as inspector or CBI, official or something else, and they tend to. Steal others hardened money in just minutes or hours in short. I just want to say that future of digital safety depends upon us and how will we update our loss also, we need to educate our people . These AI platform responsible for each and every act people do upon these platforms. Deep fake Mary powered by AI bus stop in this missus will depend upon the real human decisions.
CITATIONS:-
- Cambridge Dictionary, https://dictionary.cambridge.org
- Information and Technology Act 2000, § 66C-66D,17§ 43A,66,67,67A
- Information and Technology Act 2000,§ 66C,66E
- Indian Penal Code § 499-500,468,509
- Rashmika Mandanna Deepfake Video,India Today,Section 66D, https://www.indiatoday.in/technology/news/story/rashmika-mandanna-deepfake-3-years-jail-rs-1-lakh-fine-govt-sends-rule-reminder-to-social-media-platforms-2460104-2023-11-07?
- Cal. Assembly Bill No. 602(2019-20)
- Cal. Assembly Bill No. 730(2019-20)
- Newsom v. Konts
- GDPR and Digital Services Act
- EU AI ACT,(Regulations (EU) 2024/1687)
- Danielle Keats Citron, Sexual Privacy,128 Yale L.J. 1870(2019)
- Robert Chesney and Danielle Citron,Deepfake and The New Disinformation War,107 CALIF.L.REV.1753(2019)
- Apar Gupta, India’s Legal Framework and The Looming Threat of Deepfakes,Medianama(May 3,2024),https://www.medianama.com.
- Article 19(1)(A), The Constitution of India