Deepfakes

Deepfakes are fake videos that are manipulated via an algorithm that uses Generative Adversarial Networks. To fool the spectator, the manipulator copies the blinking pattern, head movements, speech patterns and, facial expressions of the concerned individual to generate an astonishingly identical but fabricated video. The word ‘Deepfake’ has a specific meaning attributed to it. The term ‘fake’ shows that the output is fabricated and the term ‘Deep’ refers to the deep learning, a type of machine learning fuelled by Artificial Intelligence.

When a person comes across a fake video of themselves engaging in pornographic acts, they start questioning whether its viewers would accept that it’s fake or would they believe that what they are seeing is the reality? And the answer is always tilted towards the latter. They consider what they are seeing to be true without questioning its authenticity. Questioning the authenticity of the media they are consuming is too much of a task for the general public. This causes the victims of a deepfake video to get consumed by a feeling of dreadness for the rest of their lives. It instills in them a ‘feeling of shame’ whenever they interact with the outside world . Helen Mort, the British writer, one of the victims of deepfakes, explains that “It’s like you’re in a tunnel, going further and further into an enclosed space, where there’s no light,”.

Laws regarding Deepfakes

In India, there is no legal regulation to keep in check the Deepfake technology. Instead, there are some other laws can be resorted to by the victims to challenge the deepfakes:

Section 499 of the Indian Penal Code, 1960 defines Sedition. Any person who defames another by deep faking his video can be subjection to criminal actions under this section.
As per Section 52 of the Copyright Infringement Act, 1957 , deepfakes are copyright infringements. It defines the acts which are copyright infringements and deepfakes are not mentioned under the section which points to the fact that they are copyright infringements.
Section 57 of the Copyright Infringement Act, 1957 allows the victims of fabrication or mutilation of content that defames them, to sue the offender. As deepfakes are fabricated videos, the victims of deepfakes can approach the court under this section of the act.
Section 66D of the Information Technology Act, 2000 prohibits personation of computer resources or communication devices with a malafide intention for cheating.
As per Section 66E of the Information Technology Act, 2000, deepfakes violate the privacy of the individual.