US President, forbids the unapproved sharing of private photos, including deepfakes created by artificial intelligence

A surge in non-consensual deepfakes online is now surpassing global attempts to regulate the technology, largely due to the rise of AI tools.

What does the Take It Down Act entail?

The law prohibits the “intentional publication” or threats to publish personal images without an individual’s consent, which includes AI-generated “deepfakes.”

It also mandates that websites and social media platforms eliminate such content within 48 hours of being notified by a victim.

The platforms should also take measures to remove duplicate content.

Concerning Deepfakes

Deepfakes are artificial content created with the help of Artificial Intelligence (AI), especially utilizing machine learning methods such as GANs (Generative Adversarial Networks).

These tools can create hyper-realistic images, videos, or audio, giving the impression that someone said or did something they never really did.

Effects of Deepfakes

Deepfakes can be utilized to produce false news, propaganda, or manipulated statements from public figures, swaying public opinion, undermining trust in media, and possibly disrupting elections or provoking social unrest.

The immoral application of deepfake technology is producing pornographic material by overlaying individuals, victimizing women.

The improper use of someone's image or voice in deepfakes poses significant privacy issues.

Legislative Regulations in India

Information Technology Act, 2000 (IT Act): Sections 66E and 67 impose penalties for infringing on privacy and for the electronic distribution of obscene content.

Indian Penal Code (IPC), 1860 (now mostly superseded by the Bharatiya Nyaya Sanhita – BNS, 2023): Section 356 of the BNS addresses defamation, organized crime (Section 111), digital theft (Section 316), and fraud (Section 318).

Digital Personal Data Protection Act, 2023: Concentrating on the unapproved handling of personal data.

Indecent Representation of Women (Prohibition) Act, 1986: Bans the portrayal of women in an obscene way.

Legal Loopholes & India's Need for New Deepfake Laws

No particular deepfake law: Current laws do not define or specifically regulate deepfakes, but they do address some aspects of deepfake crimes.

Minimal punishments: The severity of the current penalties might not be sufficient to discourage widespread AI-based crimes.