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Mahesh

08/12/23 06:40 AM IST

Regulating deepfakes and generative AI in India

In News
  • Recently, a video featuring actor Rashmika Mandanna went viral on social media, sparking a combination of shock and horror among netizens.
Deepfakes
  • Deepfakes are digital media — video, audio, and images edited and manipulated using Artificial Intelligence (AI).
  • Since they incorporate hyper-realistic digital falsification, they can potentially be used to damage reputations, fabricate evidence, and undermine trust in democratic institutions.
  • This phenomenon has forayed into political messaging as well, a serious concern in the run-up to the general elections next year.
  • Back in 2020, in the first-ever use of AI-generated deepfakes in political campaigns, a series of videos of Bharatiya Janata Party (BJP) leader Manoj Tiwari were circulated on multiple WhatsApp groups.
  • Other countries are also grappling with the dangerous consequences of rapidly evolving AI technology.
Impact of Deepfakes content
  • Deepfakes are created by altering media — images, video, or audio using technologies such as AI and machine learning, thereby blurring the lines between fiction and reality.
  • Although they have clear benefits in education, film production, criminal forensics, and artistic expression, they can also be used to exploit people, sabotage elections and spread large-scale misinformation.
  • While editing tools, like Photoshop, have been in use for decades, the first-ever use of deepfake technology can reportedly be traced back to a Reddit contributor who in 2017 had used a publicly available AI-driven software to create pornographic content by imposing the faces of celebrities on to the bodies of ordinary people.
  • As deepfakes and other allied technology become harder to detect, more resources are now accessible to equip individuals against their misuse.
  • For instance, the Massachusetts Institute of Technology (MIT) created a Detect Fakes website to help people identify deepfakes by focusing on small intricate details.
Laws in India
  • India lacks specific laws to address deepfakes and AI-related crimes, but provisions under a plethora of legislations could offer both civil and criminal relief.
  • For instance, Section 66E of the Information Technology Act, 2000 (IT Act) is applicable in cases of deepfake crimes that involve the capture, publication, or transmission of a person’s images in mass media thereby violating their privacy. Such an offence is punishable with up to three years of imprisonment or a fine of ₹2 lakh.
  • Similarly, Section 66D of the IT Act punishes individuals who use communication devices or computer resources with malicious intent, leading to impersonation or cheating.
  • An offence under this provision carries a penalty of up to three years imprisonment and/or a fine of ₹1 lakh.
  • Further, Sections 67, 67A, and 67B of the IT Act can be used to prosecute individuals for publishing or transmitting deepfakes that are obscene or contain any sexually explicit acts.
  • The IT Rules, also prohibit hosting ‘any content that impersonates another person’ and require social media platforms to quickly take down ‘artificially morphed images’ of individuals when alerted.
  • In case they fail to take down such content, they risk losing the ‘safe harbour’ protection — a provision that protects social media companies from regulatory liability for third-party content shared by users on their platforms.
  • Provisions of the Indian Penal Code, 1860, (IPC) can also be resorted to for cybercrimes associated with deepfakes — Sections 509 (words, gestures, or acts intended to insult the modesty of a woman), 499 (criminal defamation), and 153 (a) and (b) (spreading hate on communal lines) among others.
  • The Copyright Act of 1957 can be used if any copyrighted image or video has been used to create deepfakes.
  • Section 51 prohibits the unauthorised use of any property belonging to another person and on which the latter enjoys an exclusive right.
Proposed reforms around the world
  • A special officer (Rule 7 officer) will be appointed to closely monitor any violations and that an online platform will also be set up to assist aggrieved users and citizens in filing FIRs for deepfake crimes.
  • An advisory was also sent to social media firms invoking Section 66D of the IT Act and Rule 3(1)(b) of the IT Rules, reminding them they are obligated to remove such content within stipulated timeframes in accordance with the regulations
  • In October 2023, US President Joe Biden signed a far-reaching executive order on AI to manage its risks, ranging from national security to privacy.
  • The DEEP FAKES Accountability Bill, 2023, recently introduced in Congress requires creators to label deepfakes on online platforms and to provide notifications of alterations to a video or other content. Failing to label such ‘malicious deepfakes’ would invite criminal sanction.
  • The Cyberspace Administration of China rolled out new regulations to restrict the use of deep synthesis technology and curb disinformation.
  • The policy ensures that any doctored content using the technology is explicitly labeled and can be traced back to its source. Deep synthesis service providers are required to abide by local laws, respect ethics, and maintain the ‘correct political direction and correct public opinion orientation.’
  • The European Union (EU) has strengthened its Code of Practice on Disinformation to ensure that social media giants like Google, Meta, and Twitter start flagging deepfake content or potentially face multi-million dollar fines.
Way forward
  • AI governance in India cannot be restricted to just a law and reforms have to be centered around establishing standards of safety, increasing awareness, and institution building.
  • AI also provides benefits so you have to assimilate it in a way that improves human welfare on every metric while limiting the challenges it imposes.
  • India’s regulatory response cannot be a replica of laws in other jurisdictions such as China, the US, or the EU.
Source- The Hindu

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