Abstract
Artificial Intelligence has transformed the modern digital ecosystem by enabling the creation of synthetic media commonly referred to as deepfakes. Deepfakes are AI-generated or AI-manipulated audio, video, image, and textual content that imitate real persons with a high degree of realism. While the technology has beneficial applications in education, entertainment, healthcare, and accessibility, its misuse has created significant legal, ethical, constitutional, and criminal concerns. In India, the rapid spread of misinformation, non-consensual intimate imagery, political manipulation, impersonation fraud, and reputational harm through deepfake technology has exposed major gaps in the legal framework.[1]
This doctrinal research examines the constitutional and criminal law dimensions of regulating deepfakes in India. The study analyses the applicability of constitutional protections under Articles 19 and 21 of the Constitution of India, particularly the balance between freedom of speech and the right to privacy, dignity, and reputation. It further evaluates the adequacy of the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and related cyber laws in addressing deepfake-related harms.
The research also undertakes a comparative study of legal approaches adopted in jurisdictions such as the United States, the European Union, China, and the United Kingdom. The study identifies regulatory gaps, enforcement challenges, evidentiary issues, and concerns regarding intermediary liability. Finally, the paper proposes reforms including dedicated deepfake legislation, AI governance standards, platform accountability, digital literacy measures, and constitutional safeguards to ensure that technological innovation does not undermine democratic values and individual rights.[2]
Keywords: Artificial Intelligence (AI); Deepfakes; Constitution of India; Freedom of Speech; Right to Privacy; Information Technology Act, 2000; Bharatiya Nyaya Sanhita, 2023; Cybercrime Regulation.
[1]Danielle Keats Citron & Robert Chesney, Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security, 107 Calif. L. Rev. 1753 (2019).
[2]Information Technology Act, 2000, §§ 66C, 66D, 67A; Bharatiya Nyaya Sanhita, 2023, 318, 336.