INTRODUCTION
Artificial intelligence has greatly changed how digital content is made and shared. While these technological advancements have led to innovation in many fields, they have also allowed for the creation of deepfakes. These are highly realistic but fake images, videos, and audio recordings. They can be hard to tell apart from real material.
Public worry about deepfakes grew in India after a manipulated video of actress Rashmika Mandanna circulated in 2023. This incident showed how easily people can misuse AI tools. It also revealed the limits of current laws in dealing with new technological risks.[1] One of the most troubling uses of this technology is deepfake pornography, where someone’s likeness appears in sexually explicit material without their consent. Women are affected more by this issue. They often suffer from psychological distress, social stigma, online harassment, and damage to their reputation.[2]
India now uses a mix of constitutional protections, rules from the Information Technology Act of 2000, and criminal law under the Bharatiya Nyaya Sanhita 2023 to tackle these problems. However, these laws were written before the emergence of advanced generative AI tools, raising concerns about their effectiveness in handling the unique challenges of deepfake pornography. This article looks at the current legal landscape and how well it protects women from AI-generated intimate content.[3]
UNDERSTANDING DEEPFAKE PORNOGRAPHY
Deepfakes are synthetic media created using artificial intelligence techniques. They manipulate or generate images, videos, or audio recordings to make them seem real. Using machine learning algorithms, especially deep learning models, individuals can alter someone’s appearance, facial expressions, or voice. This makes it harder to tell fake content from real material.[4]
One troubling use of this technology is deepfake pornography. This process involves creating sexually explicit images or videos by digitally placing a person’s face onto another person’s body without their permission.[5] While celebrities are often targeted, the increasing availability of AI tools puts regular people at risk, too. The impacts go beyond damage to reputation, leading to psychological stress, online harassment, social stigma, and breaches of privacy and dignity.[6]
This problem is especially serious for women, who make up most victims of non-consensual deepfake pornography worldwide.[7] As AI-generated content becomes more advanced and easier to access, current legal systems struggle to deal with the specific harms caused by this technology.
EXISTING LEGAL FRAMEWORK IN INDIA
Constitutional Protection
The Indian Constitution lays an important foundation for protecting individuals from the harms of deepfake pornography. Article 21 guarantees the right to life and personal liberty, which the Supreme Court has interpreted to include rights to privacy, dignity, and autonomy. In Justice K.S. Puttaswamy v Union of India, the Court unanimously recognised privacy as a fundamental right. It stressed that individuals should have control over their personal information and identity.[8] Victims can rely on constitutional protections to seek justice.
Protection under the Information Technology Act, 2000
The Information Technology Act, 2000, is the main law covering cyber offences in India. Several sections may apply in cases of deepfake pornography. Section 66E punishes the invasion of privacy through capturing, publishing, or sharing private images without consent.[9] Additionally, Sections 67 and 67A make it a crime to publish or share obscene and sexually explicit material in electronic form.[10]
These provisions offer certain remedies against the circulation of deepfake pornographic content. However, the Act was established before advanced AI technologies emerged, so it does not specifically address AI-generated intimate imagery. This limits its effectiveness in handling such cases. Recent government advisories have urged intermediaries to address deepfake content, but India still lacks a dedicated legal framework governing deepfake pornography.
Protection under the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023, offers some protections that are relevant in cases of deepfake pornography. Section 75 makes sexual harassment a crime. Section 77 addresses voyeurism and criminalises the capture or dissemination of images of a woman engaged in a private act without her consent.[11] Additionally, Section 78 addresses stalking, including the monitoring of a woman’s internet or electronic communications. Section 351 makes intimidation and threats related to sharing intimate images illegal.[12]
While these provisions can be used against those who create deepfake pornography, they were not specifically designed to tackle AI-generated intimate images. Consequently, victims often depend on various laws related to harassment, privacy violations, and intimidation. This situation shows the disjointed nature of the current legal response.
GAPS IN THE EXISTING LEGAL FRAMEWORK
While current laws provide some protection against deepfake pornography, they do not fully address the challenges this technology presents.
- Absence of a Dedicated Legal Framework
A key limitation of the current framework is that existing provisions regulate obscenity, privacy violations, and harassment rather than AI-generated harms themselves. Both the Information Technology Act of 2000 and the Bharatiya Nyaya Sanhita of 2023 were created before deepfake technology became widespread. Victims often must depend on a mix of laws regarding privacy, obscenity, voyeurism, and harassment. This scattered approach can create confusion about the appropriate legal remedy and often forces victims to navigate multiple legal provisions at once.
- Reactive Rather Than Preventive Protection
The current legal framework mainly reacts to issues after they occur. Once disseminated online, deepfake content can be replicated, downloaded, and redistributed within minutes, making subsequent legal remedies significantly less effective. While current laws allow for punishment, they do not provide adequate protection against the creation and initial spread of this content.
- Challenges in Identification and Enforcement
Identifying those who create and share deepfake content is another challenge. This material can be spread through anonymous accounts, encrypted platforms, and websites outside of India, making investigation and enforcement challenging. As a result, victims may encounter significant hurdles in securing timely legal remedies.
- Inadequate Recognition of Psychological Harm
The damage caused by deepfake pornography extends beyond privacy and reputation. Victims often experience emotional distress, humiliation, and social stigma. Current laws do not fully consider the long-term psychological effects of such abuse, leaving many victims without adequate remedies.
THE NEED FOR LEGAL REFORM
The rise of deepfake pornography shows the need for stronger legal protections in India. While existing laws offer some protections, they do not specifically deal with AI-generated intimate content.
A dedicated legal framework that makes the creation and distribution of non-consensual deepfake pornography a crime would offer more clarity and protection for victims. Also, digital platforms should be required to quickly detect and remove such content after receiving complaints.[13]
Along with legal changes, increased public awareness and better digital literacy can help people identify deepfakes and pursue appropriate remedies. As AI technology continues to progress, the law must change to effectively protect privacy, dignity, and individual rights.
CONCLUSION
Deepfake pornography exposes a significant gap between rapidly evolving technology and existing legal protections. While Indian law provides certain remedies through constitutional guarantees, cyber law provisions, and criminal sanctions, it does not directly address the unique harms associated with AI-generated intimate imagery.
The lack of a specific legal framework, along with enforcement difficulties and the swift spread of deepfake content, reveals the shortcomings of the existing legal system. As artificial intelligence develops, Indian law needs to change to deal with technology-related harms while protecting privacy, dignity, and personal freedom.
Author(s) Name: Hasini Maram (BITS Law School, Mumbai)
References:
[1] Soumyarendra Barik, ‘Centre issues advisory to social media platforms over deepfakes after viral ‘Rashmika Mandanna’ video’ The Indian Express (08 November 2023) <https://indianexpress.com/article/business/centre-deepfake-advisory-to-social-media-platforms-9017283/> accessed 10 June 2026
[2] TECHNOLOGY-FACILITATED VIOLENCE AGAINST WOMEN: TAKING STOCK OF EVIDENCE AND DATA COLLECTION (UN Women 2023)
[3] Information Technology Act 2000, ss 66E, 67 and 67A; Bharatiya Nyaya Sanhita 2023, ss 75, 77, 78 and 351; Justice KS Puttaswamy (Retd) and Anr v Union of India and Ors (2017) 10 SCC 1
[4] Tackling deepfakes in European policy (European Union 2021)
[5] Danielle Citron and Bobby Chesney, ‘Deep Fakes: A Looming Challenge for Privacy, Democracy and National Security’ (2019) 107 California Law Review 1753 <https://www.californialawreview.org/print/deep-fakes-a-looming-challenge-for-privacy-democracy-and-national-security> accessed 05 June 2026
[6] Danielle Keats Citron, The Fight for Privacy: Protecting Dignity, Identity and Love in the Digital Age (WW Norton & Co Inc 2022)
[7] ‘How AI is exacerbating technology-facilitated violence against women and girls’ (UN Women, 09 December 2025) <https://www.unwomen.org/en/digital-library/publications/2025/12/how-ai-is-exacerbating-technology-facilitated-violence-against-women-and-girls> accessed 10 June 2026
[8] Justice KS Puttaswamy (Retd) and Anr v Union of India and Ors (2017) 10 SCC 1
[9] Information Technology Act 2000, s 66E
[10] Ibid ss 67, 67A
[11] Bharatiya Nyaya Sanhita 2023, ss 75, 77
[12] Ibid ss 78, 351
[13] ‘MeitY issues advisory to all intermediaries to comply with existing IT rules.’ (Press Information Bureau, 26 December 2023) <https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1990542®=48&lang=2> accessed 10 June 2026