Deepfake Video | Everyone was surprised when actress Rashmika Mandanna’s deepfake video went viral. Seeing that video, no one will believe that it is a fake video. After that video went viral, many people were worried. Many people are worried that someone should not do the same to them. In such a situation, the question arises what does Indian law say in such a matter? How can the law help you? So before knowing the answers to these questions, let us know what is this deepfake.
What is deepfake?
Nowadays, with the help of technology and AI, any picture, video, and audio can be manipulated or manipulated to become completely different. For example, the speech of a leader, actor, or celebrity can be picked up and completely changed through artificial intelligence-based tools. But the person hearing and seeing will not even know about it and will accept it as true. This is called deepfake. Let us now know those laws which can prove helpful to you in such matters.
1. Privacy Law
The Information Technology Act, of 2000 and its rules provide certain protections for an individual’s privacy, including the right to data privacy. If a deepfake video violates a person’s privacy by using their likeness without their consent, the victim can potentially file a complaint under this law.
Section 66D of the Information Technology Act, 2000 deals with the punishment for committing fraud using computer resources. Any person found guilty under this provision can be imprisoned for up to 3 years and a fine of up to Rs 1 lakh can also be imposed on him.
Also under the Information Technology Intermediary Rules, Rule 3(1)(b)(vii) states that social media intermediaries must follow due legal process, including ensuring and complying with the rules and regulations, privacy policy or user agreement. It must inform users not to host any content that impersonates another person. Under this provision, the onus is on social media platforms, which act like intermediaries under IT rules, to ensure that an individual’s privacy is protected.
Additionally, Rule 3(2)(b) states that an arbitrator shall, within 24 hours of receipt of the complaint in respect of any material which is in the nature of electronic counterfeiting. The form will take all measures to remove or disable access to such content, including artificially transformed images of a person.
2. Defamation
Sections 499 and 500 of the Indian Penal Code (IPC) contain provisions for defamation. If a deepfake video is made with the intention of damaging a person’s reputation by spreading false information, the affected person can file a defamation case against the creator.
However, when it comes to deepfake videos, which are manipulated or fabricated videos that often appear realistic, defamation law also presents unique challenges and considerations.
Deepfake videos can be used to create false scenarios or statements that appear to be made by the subject, even if they never actually said or did the things depicted in the video. In such cases, if certain elements are met the affected party may have grounds to bring a defamation suit.
To make a defamation case in the context of a deepfake video, the following generally needs to be proven:
1. Falsity: The video contains wrong information or the topic is portrayed in a wrong way.
2. Publication: The video may have been shown to a third party or made public in some way.
3. Harm: The subject may have suffered harm to his or her reputation as a result of the false video.
4. Fault: In some cases, the plaintiff may need to prove that the creator of the video acted negligently or with actual malice.
3. Cybercrime
The Information Technology Act, of 2000 and its associated rules cover a wide range of cyber crimes including unauthorized access, data theft, and cyberbullying. In cases where deepfake videos are created through illegal means such as hacking or data theft, victims get recourse under this law. They may file a complaint, as these actions often involve unauthorized access to computer resources and may be a breach of sensitive personal data security. The Act provides a legal framework to address such crimes and provide redress to those affected by the creation and dissemination of deepfake videos associated with cyber crimes.
4. Copyright Infringement
When a deepfake video contains copyrighted material without the consent of the creator, the Copyright Act, of 1957 applies. Copyright holders have the legal right to take action against such violations. This law protects the original work and prohibits its unauthorized use in deepfake content. Copyright infringement laws provide copyright owners with a strong framework to protect their creative assets, ensure that their intellectual property rights are respected, and prevent unauthorized and unlawful use of their work in the field of deepfake videos. Legal action is taken.
5. Right to be forgotten
Although there is no specific law in India entitled “right to be forgotten”, individuals can approach courts to request the removal of their personal information, including deepfake videos, from the Internet. Courts may consider such requests based on privacy and data protection principles.
6. Consumer Protection Law
If deepfake videos are created or distributed for fraudulent purposes that harm consumers, affected individuals can seek relief under consumer protection laws, such as the Consumer Protection Act, of 2019. The purpose of this law is to protect the rights and interests of consumers and can be used in cases of fraud or misrepresentation.
