WHAT IS DEEPFAKE TECHNOLOGY?
Deepfake technology is a form of artificial intelligence that can create realistic videos or images that are manipulated to look real but are fake. This technology has the potential to be used for malicious purposes, such as creating false evidence in a court case or manipulating public opinion. While the application has many potential applications too, there are legal implications that need to be considered concerning deep-fake technology.
LEGAL IMPLICATIONS
The legality of deepfake technology is a complex issue. While the technology itself is not inherently illegal, its potential uses raise concerns about privacy, defamation, and intellectual property rights.
- Intellectual Property Rights: The most significant legal implications of deepfake technology are in the realm of intellectual property law. Deepfake technology can be used to create fake videos or images of people without their consent, which raises questions about the ownership of intellectual property rights. For example, a deepfake video of a celebrity that is created without their consent could be considered an infringement of their right to publicity. This right protects individuals from the unauthorized use of their name, image, or likeness for commercial purposes.
- Copyright Infringement: Deepfake technology can be used to create fake videos or images that infringe on the copyright of others. For example, a deep fake video of a popular movie character could be considered a derivative work and infringe on the copyright of the original movie. Similarly, a deep fake image that uses copyrighted material could be considered an infringement of copyright law.
- Right to Privacy under Article 21 of The Indian Constitution: Deepfake videos or images can be created without the consent of the person depicted, which raises questions about privacy rights. For example, a deep fake video that shows a person in a compromising position could be considered an invasion of privacy. Additionally, deepfake videos or images that are created for harassment or blackmail could be considered a violation of privacy laws.
- Defamation law: Deepfake technology can be used to spread misinformation, which raises concerns about the legal implications of this technology in the context of defamation law. Defamation occurs when a person’s reputation is damaged by false statements that are communicated to others. Deepfake videos or images that create false statements about a person or company could be considered defamation and result in legal action.
- Deepfake videos or images could also be used to commit fraud or deceive others, manipulate public opinion, or influence elections, which raises concerns about the legality of such actions in the context of election laws and cybercrime.
The legality of deepfake technology varies from country to country, and there is currently no global consensus on how to regulate it. As of now, there are no specific laws or regulations in India that address deepfake technology directly. However, certain provisions of existing laws can be applied to regulate the use of deepfakes. For instance, creating and sharing deepfakes to harm an individual’s reputation or cause damage to their property could be punishable under defamation, privacy, or cyberbullying laws. Additionally, deepfakes could also be considered a form of impersonation, which is prohibited under Indian criminal law. The Information Technology (IT) Act, 2000, which governs the use of technology in India, can also be used to regulate deepfake technology. The Act includes provisions on cyberstalking, cyberbullying, and the dissemination of false information, which can be used to regulate the use of deepfakes. In some countries, such as the United States, deepfake videos are protected by the First Amendment, which guarantees freedom of speech. However, there are some limits to this protection, such as when deepfake videos are used for illegal purposes, such as defamation or fraud. Moreover, some countries, such as China, have passed laws that regulate deepfake technology. For example, it is illegal to use deepfake technology to create and spread fake news stories in China.
SOLUTIONS
To address these legal implications, several potential solutions could be explored. Regulating the use of deepfake technology through laws and regulations. Lawmakers could pass laws that prohibit the creation and distribution of deepfake videos or images that are intended to deceive or harm others. Additionally, laws could be passed that require individuals and companies to obtain consent before creating or distributing deepfake videos or images of others. Further, Developing technology that can detect deepfake videos or images- There are already several companies that are developing technology to detect deepfake videos or images, such as Microsoft, which has developed a tool called Video Authenticator that can analyze a video and determine if it has been manipulated. This technology could be used by individuals, companies, and law enforcement agencies to detect deepfake videos or images and prevent them from being used for malicious purposes. And provide legal recourse for victims of deepfake videos or images- For example, laws could be passed that allow victims to sue individuals or companies that create or distribute deepfake videos or images that harm their reputation or infringe on their privacy rights. Additionally, laws could be passed that require social media platforms and other websites to remove deepfake videos or images that are deemed to be harmful or illegal.
DEEPFAKE TECHNOLOGY: A THREAT TO THE SAFETY AND PRIVACY
Deepfake technology has been used in various contexts, including entertainment, celebrity impersonation, political propaganda, cybercrime, and pornography. In recent years, deepfake technology has been used to create videos that feature celebrities or characters from popular films or TV shows. Deepfake technology has also been used to create videos that manipulate political messages. For example, during the 2020 US presidential election, a deepfake video was created that appeared to show Joe Biden endorsing President Trump. The video was widely shared on social media, despite being entirely fabricated. Cybercrime: Deepfake technology has been used for fraudulent purposes, such as creating fake videos to trick people into sending money or personal information. The 2019 video of Facebook CEO Mark Zuckerberg where he appears to be giving an ominous speech about the power of Facebook, but it is an impersonator who is lip-syncing to a computer-generated voice. The video was created by an artist named Bill Posters, who used AI technology to create the voice. Further It can also been used to create fake pornographic videos featuring real people. This has led to concerns about privacy and safety.
CONCLUSION
Deepfake technology has intricate and far-reaching legal implications. It can be used for both harmful and innovative purposes, which creates a complex situation. While this technology has the potential to transform media creation and consumption, there are concerns about its potential for misuse. While deepfake technology itself is not inherently illegal, some countries have passed laws to regulate its use due to its potential uses. As technology advances, lawmakers must stay up-to-date and ensure that it is used ethically and responsibly.
Author(s) Name: Mahek Karnawat (Jindal Global University)
