Deepfakes and Law: Addressing the legal vacuum in synthetic media regulation

ABSTRACT

Deepfake technology is a new advancement with relation to Artificial Intelligence where imaginary or fake images and videos can be created with the help of existing media. The technology uses algorithms to blend existing photos and videos into a fabricated hyper-realistic image or video with voice mimicking the original owner. While generating the said video or image, the technology analyses the source content through various angles and re-organizes the produced content until it resembles the source. This is why it is difficult to distinguish whether it is fake. What started as a cool technological advancement which would help with creating realistic content related to entertainment, filmmaking, or education has now turned into a bigger risk and continues to threaten security of individuals.

The term ‘deepfake’ originated from a Reddit user who claims to have developed a machine learning algorithm that helped him transpose celebrity faces into porn videos.^[1] The ease with which the user singlehandedly posted multiple videos of celebrities simply by face swapping quickly gained attention. The human tendency to believe what is visible causes this technological advancement to become popular and at the same time incredibly risky.

In the age of the internet, where any media published online gains popularity even it may not be credible. This is why any fabricated media posted or published against a person or organization without their consent in order to tarnish their reputation becomes easier through deepfake. It may cause financial losses in business, extreme mental health issues and trauma although it may not be true.

SYNTHETIC MEDIA AND ITS LEGAL REPURCUSSIONS

The dangers of deepfake are rising to an extent of requiring specific regulating laws for synthetic media as well as access to AI tools. It poses significant threats to the general public as well as individuals having authority and influence. Videos of politicians saying controversial statements, acting unceremoniously may be circulated during elections. Content that may spread misinformation which would cause public outrage or panic,etc is also a risk which needs to be eliminated. On individual level, the most common threat mainly to women is circulation of non-consensual pornography and other explicit content using deepfake which directly violates the personal rights of the individual.

NON-CONSENSUAL CONTENT

Deepfake has made it easier for common man who may not be very technologically advanced to create explicit content by face-swapping. The targeted individuals, particularly women face human right violations and live in constant fear of misuse of the technology. The victims of such activities face emotional trauma and mental damage and have little remorse once the image is circulated if there is no protective law for it.

POLITICAL MISINFORMATION AND MANIPULATION

Videos promoting misinformation provided through politicians and people of authority may cause confusion and distrust of the public in institutions. In 2020 during the Delhi elections, BJP president Manoj Tiwari’s videos were circulated in whatsapp groups and soon followed with deepfake of the same video in Haryanvi language. The videos caused confusion to figure out which was fake.

FRAUD AND IDENTITY THEFT

Deepfakes can be used for phishing scams and fraud calls, to lure businesses and people for money. It increases economic risk as well as public distrust. Modern phishing attempts have incorporated fake video messages, which are often personalized and tailored to the target. Criminals may even create entirely fake personas. They do so by generating entirely new, fictitious identities complete with photos, voiceprints and even background stories by harvesting pieces of legitimate identity information and cobbling them together. These synthetic identities can then be used to open bank accounts, apply for credit cards, or even commit large scale financial fraud, making it hard for authorities to trace back to a real individual. Using deepfake technology, scammers can generate video clips of trusted figures, celebrities, or even family members, asking the recipient to undertake certain financial actions, making the deceit seem all the more authentic.^[2]

UNDERMINES THE TRUST IN JUSTICE

As deepfakes become increasingly indistinguishable from reality, they erode trust in audio and visual evidence, posing a significant challenge to the integrity of legal proceedings and the justice system.

 The concern is not just that deepfakes can create convincing false narratives that could be used to fabricate evidence, but that the mere possibility of their existence could sow doubt about the authenticity of legitimate evidence.

This phenomenon, known as ‘plausible deniability’, can be exploited by those seeking to discredit genuine footage, undermining the epistemic value of user-generated content in legal proceedings. If the public and legal professionals begin to mistrust all digital evidence, it could significantly weaken the ability of courts and human rights bodies to deliver justice.^[3]

THE LEGAL VACCUM

India, with its vast and rapidly expanding internet user base, is particularly vulnerable to the widespread impact of deepfakes. Although there are some laws covering cybersecurity and cyberbullying, these are not enough toto tackle the problems caused by synthetic media.

1. Defining synthetic media: There is no consistent and accurate definition of “deepfake” or “synthetic” mentioned in any laws which makes it difficult to determine whether or not a malicious act falls under this category.
2. Free Speech and Harm Prevention: While providing the right to free speech and expression under Article 19(1)(a) of the Indian Constitution, it also restricts its misuse by criminalizing defamation, fraud and malice. While making any new legislation, it will be challenging to balance the line between freedom and protection when.
3. Establishing intent and culpability: The source through which deepfake content can be made may be accessed from anywhere on the internet. Proving the intent while the content is spread through different intentions and may be interpreted with various context will be challenging.
4. Jurisdictional issues: The internet’s borderless nature means deepfakes can be created anywhere and disseminated globally. This complicates investigation and prosecution efforts, particularly when the perpetrator is in a foreign jurisdiction. Some nations may not have laws prosecuting foreign nationals in this regard which lets them off the hook and can continue to commit similar crimes.

INDIAN LEGAL FRAMEWORK

Information Technology Act, 2000

• Section 66D-By using a computer resource punishes identity fraud and online impersonation using AI generated deepfakes.

Punishment: Up to 3 years of imprisonment and a fine of up to ₹1 lakh.

• Section 67 – Posting offensive content electronically, criminalizes the transmission of sexually explicit or offensive deepfake videos.

Punishment: Up to 5 years in jail and a fine of up to ₹10 lakh.

• Section 69A – Government has the power to block public access to information: which allows to block deepfake content that threatens national security, sovereignty, or public order.
• Section 72 – Breach of Confidentiality & Privacy: If a deepfake violates a person’s privacy by sharing manipulated private images/videos,

Punishment – can lead to punishment of up to 2 years and a fine.

Bharatiya Nyaya Sanhita, 2023

• Section 356(1), 356(2) – Defamation and its punishment prevents any person from publically posting, displaying any false words/images/marks that would harm the reputation of another person hence deepfake can be included under this section.
• Section 75 – Sexual harassment in case of a woman is criminalized and hence deepfake may be included under this, but unfortunately there is no provision for males for the same.

Other Relevant Laws

1-Indecent Representation of Women (Prohibition) Act, 1986–

It Bans the publication of morphed images/videos of women.

2-Representation of the People Act, 1951- (Election-related Deepfakes) –

If deepfakes are used to spread fake political propaganda, it can be challenged under this law.

3- The Digital Personal Data Protection Act, 2023 –

(Privacy Violations) Protects against unauthorized use of personal data in AI-generated deepfakes.

As it is clearly visible, there are no specific laws that protect individuals from the threat that they face due to deepfake and synthetic media in India and there is an increasing need to enact reforms protecting and controlling the use of AI and its tools.

Internationally, some countries have enacted laws as well as integrated some of their existing legislature to solve the issues relating to deepfakes. China has adopted ‘Provisions on the Administration of Deep Synthesis of Internet Information Services’ while the European Union has enacted the Aritificial Intelligence Act , UK has the Online Safety Act specifically for synthetic media regulations.

BRIDGING THE GAP

In order to ensure the safety while using such technology, there need to be proper regulations on AI tools and safety platforms for privacy protection nationally as well as internationally.

• Criminalize explicit deepfakes: On a priority basis, the criminalization of use of deepfake for any kind of pornographic or explicit content which may be non-consensual is a must. Protection against harassment and blackmail can only be curbed through this.
• Clear definition: The current existing laws which are integrated for protection against deepfake related offences do not explicitly define synthetic media or deepfakes. Once a clear definition exists, it will be easier to set clear boundaries.
• International Sanctions: International Organisations may provide a convention which can be adopted by countries by mutual agreement in order to provide international security in this regard as well as prevent international disputes for such activity.
• Data Protection measures: Strict regulations on collection of data and use of such data must be enacted to protect privacy and prevent human right violations.

CONCLUSION

Deepfakes pose a profound threat to the very fabric of information, trust, and individual rights in our digital world. India’s current laws, though offering some recourse, are simply not keeping pace with the rapid evolution and malicious uses of synthetic media. This legal vacuum demands urgent and decisive action. By creating specific laws, holding platforms more accountable, embracing technological solutions, fostering international cooperation, and boosting digital literacy, India can build a truly robust regulatory system. This isn’t just about stopping harmful content; it’s about protecting our democratic processes, preserving individual privacy and reputation, and maintaining the integrity of truth in a world increasingly shaped by AI. The time to bridge this legal gap is now, before the line between what’s real and what’s fabricated becomes impossible to distinguish.

REFERENCES

Websites:

1. g. B Goggin, ‘From porn to ‘Game of Thrones’: How deepfakes and realistic-looking fake videos hit it big’ (Business Insider, 23 June 2019) accessed on 9^th July 2025
2. Maher, C. (2024) What is a deepfake and how does it impact fraud?, Mitek. Available at: https://www.miteksystems.com/blog/friend-or-fraud-what-is-a-deepfake-and-how-does-it-impact-fraud (Accessed: 08 July 2025).
3. Can deepfakes undermine justice? (2024) UKRI. Available at: https://www.ukri.org/who-we-are/how-we-are-doing/research-outcomes-and-impact/can-deepfakes-undermine-justice/ (Accessed: 08 July 2025).

Laws and statutes:

1. The Information Technology Act, 2000, No. 21, Acts of Parliament, 2000 (India).
2. Bharatiya Nyaya Sanhita (India).
3. The Constitution of India, 1950 (India).

 

[1] E. g. B Goggin, ‘From porn to ‘Game of Thrones’: How deepfakes and realistic-looking fake videos hit it big’ (Business Insider, 23 June 2019) accessed on 9^th July 2025

[2] Maher, C. (2024) What is a deepfake and how does it impact fraud?, Mitek. Available at: https://www.miteksystems.com/blog/friend-or-fraud-what-is-a-deepfake-and-how-does-it-impact-fraud (Accessed: 08 July 2025).

[3] Can deepfakes undermine justice? (2024) UKRI. Available at: https://www.ukri.org/who-we-are/how-we-are-doing/research-outcomes-and-impact/can-deepfakes-undermine-justice/ (Accessed: 08 July 2025).