Ethical Labyrinth Of Artificial Intelligence: A Legal Analysis In Light Of Deepfakes
Abhishek Singh Parmar
18 Jun 2026 3:00 PM IST

Brief Overview of Deepfakes
The technology pertaining to the manipulation of the pictures or photographs was developed in the late nineteenth century. The technology thereafter, with necessary modifications was used to manipulate the motion pictures as well. More technologies became available during the 20th century and changed more rapidly due to the advent of digital video. We are living in the age where the governance of the nation is technologically driven, social media plays a prominent role among the public to assert upon any social issue, event or action. The social media plays such a prominent role in creating awareness on any social issue, event or action that the message of the creator can go to the millions in couple of hours. However, social media is also being driven by certain negative factors wherein an evocative image which is certainly not in its original form, possessing inflammatory elements in its characteristics is being posted or forwarded by the public on the social media platform so as to prove any situation.
For people to say malicious lies, it's nothing new. However, the potential to manipulate facts has progressed by orders of magnitude with "deep fake" technologies. This capability makes it easy to produce audio and video records of actual people who say and do stuff they have never undergone. Mechanical learning techniques improve the technology's complexity, making deep fakes realistic and detection resistant. Deep-fake technology has features that allow it to propagate rapidly and broadly, placing it both in the hands of advanced and unexperienced actors. While deep-fake technology has many benefits, it still has many disadvantages. When our networked intelligence system combines toxically with our perceptual predications, the competition of ideas is now in disruption. Deep fakes would worsen the issue dramatically. Fresh ways of exploitation, bullying and character assassination can be sent to individuals and companies. In addition, there are serious threats to our democracy and national stability.
Deepfake, the product of Artificial Intelligence (hereinafter to be referred as “AI”) can loosely be described as Photoshop for videos. The term deepfake is a mixture of two “Deep Learning” and “Fake”, wherein deep learning is required by AI that can actually help in developing these fake manipulating videos. The first-ever deep fake video was witnessed when an anonymous user on Reddit uploaded the video under the fictitious name stated as “Deepfakes” that superimposed celebrity onto a pornographic content.[1] Deepfakes are created by focusing on a video of the target individual and teaching an AI programmed to imitate their motions. After that, an impressionist can be employed to record the audio for the manipulating video, which can thereby be superimposed over the original video with artificial intelligence-assisted lip motions.
Deepfake technology, which uses artificial intelligence to make fake but realistic videos, has raised severe concerns about privacy, security, and democracy. Deepfakes are being used for nonconsensual pornography, distributing false information, and political manipulation. As deepfakes become more difficult to detect, India's existing laws appear insufficient to combat these concerns.
The Deepfake Dilemma – Technology, Benefits & Risks
Deepfakes are synthesised media that have been digitally changed.[2] It may be used, for instance, to swap out one person's "likeness" for another. Deepfakes are not a new technology, but they are becoming more difficult to detect with the human senses since they use advanced machine learning and artificial intelligence algorithms to edit or produce visual and auditory content with the intent to easily deceive. The primary machine learning techniques used in deepfake production are based on deep learning and involve the training of generative neural network designs such as Autoencoders or Generative Adversarial Networks (hereinafter to be refers as “the GAN”).[3]
Autoencoder is an artificial neural network design composed of two parts viz. encoder and decoder. The encoder encodes and compresses face images by extracting the face features and transforming the image into vector values in the latent space, whereas the decoder reconstructs the original face using the encoder's extracted face features, bringing the data as close to the input data in encoder as possible. A pair of encoder-decoders is needed in order to facilitate face exchange between the source and target pictures. The parameters of two sets of input images are shared by the two encoders, and during decoding, the images are reconstructed using separate decoders.
First, from the source and target images, respectively, the encoders extract facial features. After that, their facial expression would be recreated by two different decoders. Lastly, the decoders of the source and target images are switched, and the feature set of the face A is linked to the decoder B in order to create a bogus image. The newly created target picture incorporates the source image facial characteristics of A while retaining the target image facial expression of B and distinguishing qualities. However, to increase the fidelity of deepfake, the Autoencoder network must purposefully approximate the probability distribution of the real sample data, resulting in insufficient network generalization performance and restricted generated fidelity.
Historical Background of Deepfake
Since the 1990s and 2000s, digital media manipulation began with basic tools like Adobe Photoshop, paving the way for early photo editing. Concurrently, video manipulation techniques emerged, albeit technically demanding and job-specific. A significant leap occurred in 2014 with Ian Goodfellow's development of Generative Adversarial Networks (GANs), revolutionizing digital creation by pairing a generator and discriminator to produce realistic visuals. By 2017, the term "deepfake" emerged from an online community, highlighting the capability of deep learning to superimpose celebrity faces onto explicit videos, raising ethical and legal concerns. Subsequent proliferation was fuelled by accessible tools like FakeApp by 2018, flooding the internet with deceptive content. Public and legislative responses escalated in 2019, as deepfakes targeted celebrities and politicians, prompting global scrutiny and legislative actions against malicious uses. Technological advancements since 2020 have enhanced both the creation and detection of deepfakes, intensifying debates on ethical implications while exploring legitimate applications in entertainment and education. Today, deepfake technology continues evolving, demonstrating potential for artistic expression and historical preservation, albeit amidst ongoing challenges in regulation and ethical governance.[4]
Different Forms of Deepfakes.
Face Swapping - Face swapping is the term for the digital manipulation process in which a picture or video is altered to show a different face of a person.
Lip Syncing - Lip-syncing is the process of generating audio or video content in which a person appears to speak something they did not say.
Puppet Technique - refers to the fake movements of an individual in an unnatural manner. The Puppet technique involves manipulating a movement of a person to appear fake or unnatural, similar to how a puppet is controlled by strings.
Benefits Of Ai and Deepfakes
Entertainment and Media | : | Deepfakes can enrich movies, TV shows, and video games by enabling the creation of realistic digital actors, de-aging actors, or even reviving deceased stars for new parts. |
Marketing & Advertising | : | Deepfakes can be used to produce compelling and tailored commercials, allowing firms to tailor their messaging to different audiences more successfully. |
Research and Development | : | Deepfakes can be used to model human behaviour and simulate complex scenarios in scientific research[5], which helps to study psychological phenomena and social interactions. |
Accessibility | : | Artificial intelligence has the potential to produce gadgets that can hear, see, and, in the near future, reason with greater accuracy. Thanks to Artificial General Intelligence (AGI). People can also strengthen their agency with the use of AI-Generated Synthetic Media. By providing them with affordable, customizable, and intelligent tools, it gives them autonomy. AI-powered technologies can also help make solutions more widely available.[6] |
Education | : | A teacher can give more engaging lessons with the help of deepfakes. These teachings would go beyond traditional media and visual formats as well. Synthetic media produced by artificial intelligence can make historical personalities come to life in the classroom. Consequently, classes become more dynamic and interesting. More impact will be made by a voice and video of a historical figure or by a synthesized video of reenactments. It might be a more useful learning tool and raise engagement. Synthetic voice and video can also be used to increase learning outcomes and success because of its affordability and scale. |
Arts | : | Deepfake has the potential to become a powerful tool for independent storytellers at a fraction of the cost of expensive visual effects technology. Deepfakes can be an excellent tool for realistically realizing the main tenets of comedy or parody, which include a reflection, stretching, contortion, and appropriation of real events. A lot of independent creators and YouTubers are taking advantage of this. Within the video gaming industry, artificial intelligence (AI)-generated visuals and graphics can expedite game development. [7]With the intention of releasing, it soon, Nvidia showcased a hybrid gaming environment made with deepfakes. By hiring the same actor to perform voice-overs in several languages, businesses may further increase the reach of their content. |
Autonomy & Expression | : | Reporters and human rights activists can stay anonymous in authoritarian and repressive regimes by using synthetic media. By employing technology to report on crimes on traditional or social media, citizen journalists and activists can potentially amass significant power. For the purpose of protecting privacy, Deepfake can also be used to hide people's voices and faces. |
Amplification of the Message and its Reach | : | Podcasters can produce synthetic audio from text with fewer mistakes by using text-to-speech models. Using the voice typeface used by the podcaster might expedite the process. Deepfakes are a useful tool for influencers looking to grow their audience and reach. By employing deepfakes, a company can reach a big consumer base with tailored and targeted messaging. Digital models and AI-generated deepfakes are also emerging as new trends in fashion and brand promotion. The AI Foundation is creating personal AI with influencers' and celebrities' permission. This would increase the size of their audience and foster closer ties with their followers. It can also provide scalable tailored experiences. |
Digital Reconstruction & Public Safety | : | It takes both science and art to recreate a murder scene. It calls for evidence as well as both deductive and inductive reasoning. Synthetic media created by artificial intelligence can help reconstruct a crime scene. Additionally, with footage from cell phones, a group of civil detectives constructed a virtual crime scene. Both autopsy findings and CCTV footage were used. |
Innovation | : | AI and data are supporting digital transformation and automation across a wide range of sectors. Deepfake is becoming more and more popular as a means of delivering value and engaging customers. Reuters demonstrated an AI-Generated deepfake presenter-led sports news summary system to personalize content at scale. In the retail fashion industry, deepfakes can assist in transforming people into models. They could be able to digitally try on the newest apparel and accessories. An engaging software can also incorporate the faces, bodies, and even little gestures of its users. They can try on the newest styles and create a deepfake as a result. A Japanese artificial intelligence company called Data Grid has created an artificial intelligence engine. It can also automatically create virtual models for fashion and advertising. |
Harmful Effects of Deepfakes
As deepfake technology becomes more widely available to non-experts, the quantity of phony audio and video products is rising. Deepfake technology is one of the risks associated with the potentially harmful use of artificial intelligence.
Harms
1. Threat to individual or organizational reputation.
Everyone loves conspiracy. The lies as to what one person has done or made any kind of statement are being portrayed in front of the public in various shapes and sizes. Some conspiracies are made so as to irritate or embarrass the person who made the statement or on the basis of his actions. While on the other hand, some lies are being told to the public so as to damage his reputation, for humiliation or for instigating violence against him.[8]The only difference that can be drawn between “lies-in-person” and “lies through deepfake” is the reliability. It can also be asserted that people do consider the audio or video or any image of the person to be authentic which in reality is not.
2. Threat to the Society.
Deep-fakes in general has not only proved to be a threat to an individual or organization, it has also proved to be a threat to the society in numerous ways. Some of them are listed as below:
Any such manipulated video that could be made featuring any official who is working for the government taking bribes, making any statement on untouchability or statement that are racial in nature.
Creation of any such deep-fake wherein, the politician or any other person holding constitutional position could appear at the place where he was not even present in reality, featuring them making the statement which they have not made.
Manipulation of any audio or video that could include any bona-fide campaign or protest against any individual or government. But, certainly makes the statement in the deep-fake about the involvement of any anti-social element.[9]
Any such manipulation of the video that could feature any person meeting any criminal, violating the principles of law and order, damaging public property, etc.[10]
Deep-fakes could be made featuring the soldiers killing the citizen who are living in a war zone.[11]
3. Disturbance to the Public Debates.
In the democratic structure, when discussions are built on a platform of common facts and realities backed by scientific proof, democratic dialogue is at its most practical. Efforts to address national and global challenges get entangled in needless first-order questions like whether climate change is real or not in the absence of an agreed-upon fact.
Deep fakes would encourage people to exist in their own subjective worlds, with fabricated "evidence" to back up their views. As simple scientific observations elicit vehement debate, political dialogue has a hard time moving forward. True evidence would have a hard time coming from the midst of a marketplace of theories filled with deep-fake images and audio.
4. Creates Disturbance or Difficulties in the Elections
Apart from destroying the factual foundation of any debate, the deep-fakes play a very prominent role in sabotaging or exploiting or humiliating or defaming any candidate who stood for the elections of any level. It has always proved to be a “long-standing problem”.[12] The technology in India has also been adopted by certain political parties so as to destroy the credibility of the candidate of other political party or to create awareness among the public with multiple languages.
Further, Hon'ble Supreme Court of India in the case of Keshavananda Bharti & Others v/s State of Kerela has also made it very clear that free and fair election forms the basic structure of the Constitution of India [13]
5. Promoting Social Division of the Society
Every country has always been sensitive towards any societal division which could be on the basis of religion, caste, creed, colour, place of birth, etc. In India as well the society is widely divided culturally, socially and religiously. Deepfakes on such sensitive issues could escalate several individuals.[14]
6. Neglecting the Safety of the Public
Deep-fakes could play a major role in creating panic among the public. Almost every person in the world is connected to the media in any form. Publication of any news regarding the earthquake, air-strike, volcano eruption, attack on the civilians through ballistic missiles, can create chaos and panic among the local level administration and the public. Such panic can also lead the loss of several lives. It is that form of instrument that does not even want the mandate of societal division at first.
7. Threat to the national security
Several deep-fakes are being created to highlight the military activity of any nation. Deepfakes could be created on any military operation or joint-military operations conducted by two or more countries. There have been instances wherein, deep-fakes have been produced by certain group of people, highlighting the rumor that military is killing innocent public of any particular section or in war zones. Certain deep-fakes have also been proved as a threat to the intelligence service agencies of every country.
8. Non-Consensual Deepfake Pornography
Non-Consensual Pornography is being defined as an activity involving the distribution of sexually graphic content in the form of an image or video without the consent of the person who is being portrayed in the content. Taking a step further, wherein, the content creators with the help of GAN and deepfake technology, replace the picture of the porn star with that of the person into pornographic content. Such content can have several harmful impact on the victim who is being featured in such pornographic content.
Non-Consensual Pornography also leads to the violation of persons' individual privacy. Victims become psychologically and emotionally tired as they are being shown the deep-fake pornographic content of which they were not a part of.
The Non- Consensual Deep-fake Pornography violate privacy of the victim especially the sexual privacy of the victim. The reason being he becomes vulnerable to the subject matter of reality wherein; everyone who sees it believe it to be true. The person getting featured in such deep-fake pornographic content does not even have the control as to the actions taking place on such material and to whom such content is getting shared.
The report revealed by the agency named Deeptrace also revealed the fact that 96 percent of the deepfake videos reported were pornographic material.[15]
9. Blackmailing
Deep-fakes plays the role of a very strong mechanical and technological instrument to blackmail the person over the deep-faked video, audio or image. The creator of this content in general gives the threat of publishing it in the public. Sometimes, the creator of the also gives the life threats to the victims in case of failure to make any such payment or actions in correspondence to such black mailings.
Legal Landscape for Deepfakes in India
While India lacks specific legislation targeting deepfakes, existing laws offer some protection.
1. The Constitution of India:
Article 15: Deepfakes used to spread misinformation or promote discrimination based on religion, caste, race, etc., violate this article. Deepfakes can exacerbate existing social tensions and lead to real-world consequences.
Article 19 - This article guarantees freedom of speech, but it also allows reasonable restrictions. Deepfakes that spread misinformation, defame someone, or incite violence can be challenged under these restrictions. Balancing freedom of expression with the protection of individual rights is an ongoing debate when it comes to deepfakes.
Article 21 : The ruling in Justice KS Puttaswamy (Retd.) v Union of India[16] by the Supreme Court of India has established the right to privacy as a fundamental right. According to the nine-judge bench, privacy protects the independence of individuals and grants them the authority to manage many facets of their lives. It was said that human dignity includes the right to privacy since a dignified life is liberated. Regarding the issue of individual autonomy, the Court declared that people are primarily concerned about their privacy. Individual right to privacy can only be violated when there is a legitimate and equitable interference, not when it is arbitrary or oppressive. The Court upheld the right of individuals to privacy with regard to their mental and physical processes. The value of keeping one's life hidden from the public is acknowledged by the right to privacy. Individual autonomy is protected when personal space and human value are acknowledged. The Court emphasised that choosing what personal information is disclosed to the public is another implicit aspect of the right to privacy. In these situations, individuals make the majority of the decisions. Consequently, it is evident that deepfake videos infringe on people's right to privacy in practically every way. Despite the lack of a specific legislation prohibiting it, legal action would be successful in court.
2. The Protecting Children from Sexual Offences Act of 2012 (hereinafter to be referred as “the POCSO Act”):
According to Section 13[17] of the POCSO Act, anyone who uses a child for pornographic purposes by representing the sexual organs of a child, using a child in real or simulated sexual acts, or representing a child indecently or obscenely in programs or advertisements on television or the internet commits an offence under this section and is liable under Sections 14[18] and 15[19] of the POCSO Act.
3. The Information Technology Act, 2000 (IT Act):
The Information Technology (IT) Act of 2000, along with its subsequent amendments, serves as a cornerstone in fight of India against cybercrimes, including those exacerbated by artificial intelligence (AI). Sections 43, 66D, 66E, 67A, 67B, and 67C play pivotal roles in addressing issues like data privacy breaches and the proliferation of deepfakes.
Section 43[20] of the IT Act is fundamental in combating unauthorized access and damage to computer systems. In the context of AI, this section becomes crucial when AI systems are used to illegally access or manipulate personal data. For instance, if an AI tool is used to download, copy, or extract sensitive data without permission, this section allows affected individuals or entities to seek compensation and penalize the perpetrators.
Section 66D[21] specifically addresses the issue of cheating by personation through computer resources. Deepfakes, which often involve AI-generated impersonations, fall squarely under this provision. When an AI tool creates a deepfake video to deceive someone, whether for financial gain, misinformation, or other malicious intents, Section 66D provides a basis for legal action against those responsible.
Section 66E[22]is focused on the violation of privacy through the capturing, publishing, or transmitting of private images without consent. In the age of AI, this section is increasingly relevant as AI can be used to manipulate and misuse personal images and videos. For example, if an AI system generates a deepfake that includes private imagery of an individual, distributing such content without consent constitutes a clear violation of privacy.
When it comes to the transmission of obscene material, Section 67A[23] of the IT Act comes into play. AI-generated deepfakes that produce and circulate obscene content are subject to this section.
Section 67B[24] Extends these protections specifically to children, prohibiting the publication or transmission of material depicting minors in sexually explicit acts. AI technologies that generate such content, often referred to as "deepfake pornography," pose severe threats to the safety and dignity of children.
Finally, Section 67C[25] mandates intermediaries, like internet service providers and social media platforms, to preserve and retain information as required by law. This section ensures that intermediaries play a proactive role in combating AI-related abuses. For instance, if a deepfake video is shared on a social media platform, the platform is legally obliged to retain relevant data and cooperate with law enforcement. This helps trace the origins of the content and hold the responsible parties accountable.
4. The Bharatiya Nyaya Sanhita, 2023 (BNS)
The Bharatiya Nyaya Sanhita (BNS)[26] empowers victims of deepfakes by providing a multi-pronged legal shield. Sections 74[27], 75[28] & 79[29] offer recourse for women harassed through privacy invasion, lewd comments, or attacks on modesty using deepfakes. Similarly, Section 78[30] tackles cyberstalking via deepfakes. Deepfakes inciting violence or sedition fall under Sections 152[31] & 196[32], enabling punishment for creators and distributors. Threats to reputation or property delivered through deepfakes can be addressed under Section 351(1)[33] for criminal intimidation, while Section 356(1)[34] tackles defamation caused by reputation-damaging deepfakes. Essentially, the BNS equips victims with the ability to seek compensation for damages and pursue criminal charges against those who create or spread malicious deepfakes.
5. The Digital Personal Data Protection Act, 2023
The Digital Personal Data Protection Act, 2023, aims to safeguard against the misuse of artificial intelligence (AI) and the creation of deepfakes through several key provisions The act is still left to be enforced in India.
AI systems processing personal data must adhere to stringent guidelines to prevent misuse such as deepfake creation. Under Section 7[35], these systems must have a specified, explicit, and legitimate purpose, ensuring data is not used indiscriminately. Section 8[36] mandates explicit informed consent from individuals for data collection, processing, and usage, protecting against unauthorized deepfake creation. Section 23[37] requires organizations to conduct a Data Protection Impact Assessment (DPIA) to identify and mitigate risks of misuse. Accountability is enforced by Section 24[38], which obliges AI system controllers to maintain records of processing activities, ensuring traceability and aiding in the detection of misuse. Chapter V grants individuals the right to rectify inaccuracies in their data and restrict processing, thus preventing manipulated data use in deepfakes. Section 27[39] mandates security measures to protect personal data from unauthorized access and misuse. Finally, Section 32[40] requires organizations to notify authorities and affected individuals of data breaches, ensuring timely action against misuse, including deepfake distribution prevention.
Possible solutions to Eliminate such Social Evil from the Society
1. Solution from Technological Perspective
It is indeed a hard fact that technology has produced deep-fakes. But, we as a society, also have to take the initiative to limit or prohibit such technology in order to prevent greater harm. It is imperative to note and understand that such limitation could only take place in the field of technology by tracing, tracking and terminating (hereinafter to be referred as “T3 Model”). Such model is only applicable when nodal international organization takes the initiative to conduct the summit on regulating and prohibiting deep-fakes world-wide. The result of such summit should be a convention or any international resolution to set-up a body to regulate deep-fakes globally. Such convention will enforce the member state to ratify the convention and come up with the legislation at their local level.
2. Tracking the Creator or Producer
It shall be the duty of such established nodal organization (hereinafter to be referred as “ENO”) to enforce the states to issue license to the person for the usage of deep-fake technology at their local level and their after it should be submitted to ENO for the record. It has to be mandated by the member state at the local level to the software creators of such technology that after the production of deep-fakes, the software will automatically generate the Unique Identification Number for Deep-Fake (hereinafter to be referred as “UINDF”). The UINDF will share the primary details such as the country code, date of creation, whether such deep-fake is produced by an individual or organization.
3. Tracing the Creator or Producer
In case any grievance being introduced by any member state at the ENO, at the exceptional circumstance the details pertaining to the creator, country from which it has been created, could be shared. A proper grievance mechanism has to be established. Further, the details pertaining to the creator or producer of deep-fake audio, video and images should be kept public so that it can be accessed by any member state at any point of time.
4. Termination of the Deep-Fake Content
The nodal authority established by the member states at the local level will have the authority to eliminate such deep-fake from the territorial limits of the state in case such content is found to be in contraventions with the laws and regulations of the member state, or is proving to be a threat to the national security, or provocating any section of the society against any religion, caste, creed, etc.
5. Solution from legal perspective
a) Amendment of the information and technological laws in the country.
Desperate time require desperate solutions. It is, therefore, the need of the hour to update and amend the Information and Technology Act of 2005 wherein, a civil and criminal liability has to be imposed upon an individual or organization on the basis of the act committed by such natural and legal person. The intermediaries should also be imposed with an obligation to eliminate any such deep-fake content from their platforms. Further, failure of such obligation on the part of intermediaries could lead to a violation of civil liability.
b) Amendment of the penal code in the country
The provisions specified under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information and Technology Act of 2005, that actually deals with the personal and sexual privacy such as pornography, stalking, etc. are gender biased. It is imperative to state the fact that male and transgenders are not getting benefitted by such provisions. Further, it is important to know that such provisions lay down the foundation of filing and registration of cases pertaining to such offences. It is also a well-established fact that a male or transgender child is subjected to child sexual abuse and he is equivalently vulnerable to such deep-fakes of child pornography. It can also be drawn from the above observation made that males and transgenders are subjected to sexual harassments. It is thereby need of the hour, to amend the provisions that are in purview of the violation of Article 14 of the Constitution of India and benefit all the individuals with such provision in the country. So that, the cases may start getting reported, the government should start taking the initiative of research to curb, regulate and eliminate such social evils from the society.
c) Enactment of new Legislation or Regulation on Deep-fakes.
The Government of India has to take the initiative to enact and adopt the legislation or regulation to govern deep-fakes in the country. A nodal authority should be established that enforce the states to issue license to the person for the usage of deep-fake technology at their local level and their after it should be submitted to the national level for the record. It has to be mandated by the state at the local level to the software creators of such technology that after the production of deep-fakes, the software will automatically generate the UINDF. The UINDF will share the primary details such as the state code, country code, date of creation, whether such deep-fake is produced by an individual or organization, etc. The United States of America in the year 2019, came up with the legislation named Deepfake Report Act of 2019. The Senate of the United States of America whole heartedly welcomed the legislation and they have started creating redressal mechanism to curb and regulate deep-fakes in their country.
Regulations by the Election Commission of India
India is the largest democracy of the world. The entire world watches the elections that happens in this country. The Election Commission of India being the nodal agency to regulate the elections in the country is not taking any initiative to come up with any circular, notification or regulations so as to regulate and prohibit the deepfake technology from the moment the Model Code of Conduct get applied on any region, state or at the national level. Free and fair elections form the basic structure of the Constitution of India, neglecting such actions could result in greater harms in the coming future.
It is necessary to impose the restriction on the deep-fakes in any form at the time of applicability of the Model Code of Conduct in any region, state or at the national level. It is necessary to maintain the sanctity of the democracy of the country. It is imperative to eliminate such anti-social elements from such sacred structure. The State of California in the United State of America implemented the regulation wherein, it prohibited the production, creation and circulation of deep-fake content 60 days before the date of election.[41] Thus, an initiative from the Election Commission of India can be taken to restrict the usage of deepfakes during the applicability of the Model Code of Conduct within the region, state or at the national level.
Solution with the Involvement of Administrative Agencies
The preceding research shows that lawyers and private claimants will and may play a major role in reducing the damage caused by deep fakes, but that this role is limited. As a result, we turn our attention to the possible efforts of other players, along with government departments.
In general, organisations may achieve public policy priorities by rulemaking, adjudication, or a combination of the two. Agencies do not have plenary authority to use these methods on whatever topic they choose. Typically, their area of activity is specified by law, which varies in degree of detail. As a result, we could start by questioning which organisations have the most credible justifications for dealing with deep fakes.[42]
Artificial intelligence is a game-changer in many industries. It offers enormous advantages but also poses formidable obstacles. With advancements in robotics, machine learning, and natural language processing resulting in increased productivity, cost savings, and the creation of new goods and services, artificial intelligence (AI) has the potential to completely transform a variety of sectors, including healthcare, finance, and transportation. However, concerns about ethics, privacy, security, and the impact on society are also raised by these developments.
MINNA, Deepfakes: An Unknown and Uncharted Legal Landscape, https://towardsdatascience.com/deepfakes-an-unknown-and-uncharted-legal-landscape-faec3b092eaf (last visited Sept 5, 2025). ↑
Zim Huber, Deepfakes: The Legal Implications, ResearchGate (Sept 5, 2025), https://www.researchgate.net/publication/379221500_Deepfakes_The_Legal_Implications. ↑
Mirka Wehbe, Deepfakes: Deceptions, Mitigations, and Opportunities, ResearchGate (Sept 5, 2025), https://www.researchgate.net/publication/364769854_Deepfakes_Deceptions_mitigations_and_opportunities. ↑
Reality Defender, "History of Deepfakes," Reality Defender (accessed Sept 5, 2025), https://www.realitydefender.com/blog/history-of-deepfakes. ↑
"Positive Use Cases of Deepfakes," Towards Data Science (accessed Sept 5, 2025), https://towardsdatascience.com/positive-use-cases-of-deepfakes-49f510056387. ↑
Ibid ↑
Ibid ↑
Pandey Neelam, Bengaluru riots communal & an attempt to turn area into Muslim majority — fact-finding panel, THE PRINT, https://theprint.in/india/bengaluru-riots-communal-an-attempt-to-turn-area-into-muslim-majority-fact-finding-panel/495696/ (last visited Sept 5, 2025). ↑
Why are protesting farmers in India being labelled 'violent Muslim infiltrators'?, https://observers.france24.com/en/asia-pacific/20210128-farmers-india-protests-fake-news-social-media (last visited Sept 5, 2025). ↑
Valay Singh, India: Charged with anti-terror law, pregnant woman sent to jail, AL-JAZEERA, https://www.aljazeera.com/news/2020/4/26/india-charged-with-anti-terror-law-pregnant-woman-sent-to-jail (last visted Sept 5, 2025). ↑
Vindu Goel and Sheera Frenkel, In India Election, False Posts and Hate Speech Flummox Facebook, N.Y. TIMES, https://www.nytimes.com/2019/04/01/technology/india-elections-facebook.html (last visited Sept 5, 2025). ↑
Danielle Citron & Robert, Deep Fakes: A Looming Challenge for Privacy, Democracy and National Security, BOSTON UNIVERSITY PRESS, at p. 1778. ↑
AIR 1973 SC 1461 ↑
Anurag Dwary, On Camera, COVID-19 Health Staff Attacked, Chased Away In Madhya Pradesh's Indore, NDTV, https://www.ndtv.com/india-news/coronavirus-lockdown-india-on-camera-health-workers-attacked-in-madhya-pradeshs-indore-2-doctors-inj-2204649 (last visited Sept 5, 2025). ↑
Deeptrace, 'The State of Deepfakes' (2019), p. 3. Access online: https://storage.googleapis.com/deeptrace- public/Deeptrace-the-State-of-Deepfakes-2019.pdf (last visited Sept 5, 2025). ↑
KS Puttaswamy (Retd.) v Union of India (2017) 10 SCC 1. ↑
Section 13 - Use of child for pornographic purposes ↑
Section 14 - Punishment for using child for pornographic purposes.- ↑
Section 15 - Punishment for storage of pornographic material involving child.- ↑
Section - 43.Penalty for damage to computer, computer system, etc ↑
Section - 66D. Punishment for cheating by personation by using computer resource. ↑
Section - 66E. Punishment for violation of privacy. ↑
Section - 67 A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. ↑
Section - 67 B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. ↑
Section - 67 C. Preservation and retention of information by intermediaries ↑
The Bharatiya Nyaya Sanhita, 2023, No. 45 of 2023, Acts of Parliament, 2023 (India). ↑
Section 74 -Assault or use of criminal force to woman with intent to outrage her modesty. ↑
Section 75 -Sexual harassment ↑
Section 79 – Word, gesture or act intended to insult modesty of a woman. ↑
Section 78 -Stalking ↑
Section 152 -Act endangering sovereignty, unity and integrity of India ↑
Section 196 -Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. ↑
Section 351 -Criminal intimidation ↑
Section 356 – Defamation ↑
Section – 7 - Certain legitimate uses ↑
Section -8 General obligations of Data Fiduciary ↑
Section 23 - Proceedings of Board ↑
Section 24 -Officers and employees of Board ↑
Section 27 -Powers and functions of Board ↑
Section 32 -Voluntary undertaking ↑
Halm K.C., Two New California Laws Tackle Deepfake Videos in Politics and Porn, DAVIS WRIGHT TREMAINE LLP, https://www.dwt.com/insights/2019/10/california-deepfakes-law, (last visited Sept 5, 2025). ↑
Supra (31). ↑
Author is an Advocate practicing at Delhi High Court. Views are personal.


