INTRODUCTION
With the advancement of digital media, artificial intelligence has given rise to synthetic media, deepfakes, etc. When used maliciously, it poses adverse implications to the political and social forces by damaging the eminence of a well-known personality or by influencing an individual’s perspective or Opinion, or may cause mistrust among individuals. There are thousands of sources available online from which such manipulation of data can be learned and applied in practice, intersecting with the realm of politics and democracy.
WHAT IS DEEP FAKE AND SYNTHETIC MEDIA?
A cybersecurity expert, Hany Farid, says, “Deepfakes are the modern counterfeit- except they don’t just forge currency, they forge reality. Deepfakes are a recent technological advancement that has made it easy to create hyper-realistic videos using face swaps, leaving little or no room for manipulation. They merge, combine, replace, and superimpose images and video clips to create a fake video that looks authentic. Deepfake is a type of synthetic media. Well, what do we mean by synthetic media? Synthetic media includes content like images, videos, audio, or text that is created with artificial intelligence (AI) and machine learning techniques. This usually involves combining or changing audio, video, text, or images to produce something new. [1].
HOW DEEP FAKES ARE A THREAT TO DEMOCRACY AND THE LEGAL CHALLENGES ASSOCIATED WITH IT?
India’s political landscape and conduct of elections have experienced an evolutionary change, transitioning from political campaigns, rallies, door-to-door canvassing, etc, to the use of artificial intelligence. [2] AI is a double-edged sword; it provides various opportunities like enhanced voter engagement, real-time feedback, and personalised messaging and outreach. However, there are threats associated with it, which are the central theme under deliberation.
CHALLENGES ASSOCIATED WITH IT ARE:
Privacy concerns
The increase in deepfakes and synthetic media in political campaigns raises ethical concerns. Privacy and data security are often breached. To target voters and to influence them these artificial intelligence uses their data and analyses it to influence them. The technology allows individuals’ likenesses, voices, and behaviours to be simulated and broadcast without their knowledge or consent, often for malicious purposes.[3]
SPREAD OF FAKE NEWS
Deepfakes spread misinformation and fake news. It has become a significant issue in India. AI-driven tools are exploited, and misleading narratives and propaganda are spread. For example, during Operation Sindoor recently, a deepfake video of Donald Trump appearing to state that he would ‘destroy Pakistan’ was getting viral, which was fake and was debunked by Indian fact-checkers[4]. Also, during India’s general election, various fake videos like that of Prime Minister Modi speaking against his party BJP, were getting viral again to spread misinformation and manipulate voters[5]. Campaigns and social media platforms must employ AI-powered fact-checking and content moderation systems to combat the spread of misinformation.
Deepfake videos “featuring” Bollywood stars like Aamir Khan and Ranveer Singh criticising PM Modi or endorsing opposition parties were circulated widely. Fact-checkers confirmed these were entirely synthetic AI creations[6]
The deepfake technology creates hyper-realistic fake videos or audio recordings. They’re often used to mimic political candidates and twist their words, which can sow seeds of mistrust among the public. Sure, this tactic might give political campaigns a quick boost in their quest for votes, but it comes with serious risks to the integrity of our democratic process. When voters catch on that their feelings and views have been intentionally swayed by artificial tactics or outside forces, it chips away at their faith in the authenticity and fairness of elections. This erosion of trust can lead to major repercussions. It not only shakes the perceived legitimacy of elected officials but also jeopardises the overall stability and strength of democracy itself.
LEGAL CHALLENGES IN ADDRESSING DEEPFAKES
Despite the growing misuse of deepfake technology in India for spreading misinformation, political manipulation, and harassment, there is no law addressing synthetic media development and dissemination. These challenges posed by deepfakes discussed in the previous section highlight the need to regulate the usage of deepfakes through legal mechanisms. However, there are a few existing Indian legal frameworks addressing Deepfakes.
INFORMATION TECHNOLOGY ACT, 2000
66D. Punishment for cheating by personation by using computer resources. This section states that Anyone who uses a communication device or computer to cheat by pretending to be someone else could face up to three years in prison. They might also have to pay a fine of up to one lakh rupees
66E-Punishment for violation of privacy.
Section 66E of the Information Technology Act, 2000, applies to offences related to deepfakes, which involve capturing, sharing, or transmitting someone’s visual likeness through mass media, thereby infringing on their right to privacy. These provisions of the IT Act can be used to hold individuals liable for deepfake-related cybercrimes within India’s jurisdiction.[7]. The misuse of deepfakes to spread false information, undermine the authority of the Government, or incite hatred and disaffection against it is a serious concern, with the potential to cause far-reaching and disruptive consequences for society at large.
Spreading false or misleading information can create confusion and weaken public trust. Deepfakes can also be used to manipulate public opinion and influence political decisions. It may have an impact on individuals’ opinions, viewpoints, and choices. Such actions may be punishable under Section 66-F of the Information Technology Act, 2000, which deals with cyber terrorism, as well as under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022[8].
BHARTIYA NYAYA SANHITA
The following section under BNS states that
Section 174- Anyone found guilty of undue influence or impersonation during an election could face imprisonment for up to a year, a fine, or both.
Section 175- If someone intentionally makes or shares a false statement that they know or believe to be untrue about a candidate’s character or conduct, aiming to sway the election results, they could be fined.[9]
So, any person circulating misinformation with the intent of trying to influence the election result can be tried under these sections.
Using copyrighted content without permission to create deepfakes can lead to legal action under the Indian Copyright Act, 1957, particularly Section 51, which penalises unauthorised use of protected works. Deepfakes often involve altering, replicating existing photos or videos, potentially violating the copyright owner’s rights. Since deepfakes are based on pre-existing material, making and sharing them without consent amounts to copyright infringement[10].
But None of the current laws are sufficient in addressing these issues. None of the above-mentioned laws explicitly define or mention deepfakes or synthetic media, which makes the enforcement difficult, as authorities have to fit offences relating to deepfakes under outdated laws and categories. It points out that the absence of clear legal definitions and dedicated laws for such content creates ambiguity in enforcement and accountability. The legal gap underscores the importance of the urgent need for legislation and the adoption of a comprehensive mechanism to deal with it.
WHAT’S THE WAY FORWARD?
India has chosen a unique path when it comes to regulating AI. It focuses more on using the potential of AI than on strict regulatory measures. Indian law requires intermediaries to take responsibility and monitor their activities actively. However, the exact scope of intermediary liability in India is still ambiguous. The combined framework of the Copyright Act and the Information Technology Act has left many questions unanswered[11]. India could implement laws that focus on prevention, early intervention, and quick action against deepfake offences to stop crimes before they happen. Having internet platforms and social media companies implement proactive strategies like content moderation algorithms, digital watermarking, and automated detection tools can significantly help in identifying and removing harmful deepfake content before it has a chance to spread, ultimately minimising its impact[12].
Also, to effectively combat AI-driven misinformation and empower citizens, digital literacy must become a top priority. It’s essential to educate people about AI, fake news, and deepfakes so they can critically evaluate the information they come across online.[13]
There’s an urgent call for legal reforms that address the unique challenges posed by deepfake technology. As deepfakes become increasingly prevalent and sophisticated, Indian lawmakers must move swiftly to establish regulations that not only safeguard individuals from potential harm but also encourage technological innovation. Strong legal measures, public awareness, and responsible technology use will be crucial to reducing the negative effects of deepfakes on society[14].
IN CONCLUSION
The emergence of deepfake technology is complicated. Although it presents chances for creativity and innovation, its abuse also leads to major social and legal issues. The problems posed by AI-generated deepfakes are beyond the scope of India’s current legal system. India needs to move swiftly to enact precise legislation that defines, outlaws, and controls deepfakes while also providing redress to those impacted. Deepfakes are more than just a technical problem; they endanger our democracies, harm people’s reputations, and widen social gaps. Christian Lous Lange’s statement, “Technology is a useful servant but a dangerous master,” emphasises the necessity of regulating and ensuring responsible use of potent technologies such as deepfakes.
Author(s) Name: Yashvi Shukla (Indian Laws Society Law College Pune)
References:
[1] Javahir Askari,” Deepfakes and synthetic media: What are they and how are techUK members taking steps to tackle misinformation and fraud”(techuk 18 August 2023)< https://www.techuk.org/resource/synthetic-media-what-are-they-and-how-are-techuk-members-taking-steps-to-tackle-misinformation-and-fraud.html> accessed 08 July 2025
[2]Manish Tiwari, The Role of AI-Driven Tools in Shaping the Democratic Process: A Study of Indian Elections and Social Media Dynamics (2023)< https://www.researchgate.net/publication/376600105> accessed 08 June 2025.
[3] Dr Santosh Kumar, ‘Legal Implications of Deepfake Technology: Privacy, Consent, and More’ (2025) 2(1) The Infinite [https://theinfinite.co.in/wp-content/uploads/2025/02/Jan-2025-Legal-Implications-of-Deepfake-Technology.pdf] accessed 08 June 2025.
[4]Pooja Chaudhuri and Eliot Higgins, ‘India-Pakistan Conflict: How a Deepfake Video Made It Mainstream’ Bellingcat (9 May 2025) <https://www.bellingcat.com/news/rest-of-world/2025/05/09/india-pakistan-conflict-how-a-deepfake-video-made-it-mainstream/> accessed 9 June 2025.
[5] Sophie Landrin, ‘India’s General Election Is Being Impacted by Deepfakes’ Le Monde(21 May 2024) <https://www.lemonde.fr/en/pixels/article/2024/05/21/india-s-general-election-is-being-impacted-by-deepfakes_6672168_13.html >accessed 09 June 2025.
[6] Associated Press, ‘Lok Sabha Elections 2024: Misinformation Surges on Social Media as India Votes’ AP News, (1 May 2024)< Lok Sabha elections 2024: Misinformation surges on social media as India votes | AP News>accessed 09 June 2025
[7] Information Technology Act 2000, s 66D, s 66E
[8] Smith BW, ‘Protecting Privacy – Where We’ve Been and Where We’re Going’ (2013) 50 Harvard Journal on Legislation 373 https://www.jstor.org/stable/48793910?seq=17 accessed 9 June 2025.
[9] Bhartiya Nyaya Sanhita 2023
[10] Indranath Gupta and Lakshmi Srinivasan, ‘Evolving Scope of Intermediary Liability in India’ (2023) International Review of Law, Computers & Technology 1< https://www.jstor.org/stable/48793910?seq=17> accessed 9 June 2025.
[11] Indranath Gupta and Lakshmi Srinivasan, ‘Evolving Scope of Intermediary Liability in India’ (2023) International Review of Law, Computers & Technology 1, <https://www.jstor.org/stable/48793910?seq=17> accessed 10 June 2025.
[12] Ling-Yuan Hsu, ‘AI-assisted Deepfake Detection Using Adaptive Blind Image Watermarking’ (2024) Journal of Visual Communication and Image Representation <AI-assisted deepfake detection using adaptive blind image watermarking – ScienceDirect>accessed 10 June 2025.
[13] Manish Tiwari, ‘The Role of AI-Driven Tools in Shaping the Democratic Process: A Study of Indian Elections and Social Media Dynamics’ (2023) Industrial Engineering Journal 52(11) 1<https://www.researchgate.net/profile/Manish-Tiwari-38/publication/376600105_THE_ROLE_OF_AI-DRIVEN_TOOLS_IN_SHAPING_THE_DEMOCRATIC_PROCESS_A_STUDY_OF_INDIAN_ELECTIONS_AND_SOCIAL_MEDIA_DYNAMICS/links/657fd9ff9d7bc03b3084f9cf/THE-ROLE-OF-AI-DRIVEN-TOOLS-IN-SHAPING-THE-DEMOCRATIC-PROCESS-A-STUDY-OF-INDIAN-ELECTIONS-AND-SOCIAL-MEDIA-DYNAMICS.pdf>accessed 10 June 2025.
[14] Santosh Kumar, ‘Legal Implications of Deepfake Technology: Privacy, Consent, and Copyright’ (2025) The Infinite 2(1) < https://theinfinite.co.in/wp-content/uploads/2025/02/Jan-2025-Legal-Implications-of-Deepfake-Technology.pdf> accessed 10 June 2025
