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Legal and Technological Challenges of Deepfake Technology



  Dec 19, 2023

Legal and Technological Challenges of Deepfake Technology



Dangers of Deepfake Technology:

Deepfake technology, which involves creating hyper-realistic fake videos, poses significant threats, especially to public figures. Misidentification incidents, like the recent one involving an actress, underscore the risk. The “2023 State of Deepfakes” report highlights the susceptibility of individuals in the entertainment industry to deepfake manipulation due to their public visibility.

Current Statistics and Trends:

A concerning statistic reveals that 98% of all deepfake content online is adult material, with a staggering 99% targeting women. India ranks 6th globally in vulnerability to deepfake adult content.

Legal Framework and Shortcomings:

India’s existing legal measures, such as Sections 66E and 66D of the Information Technology (Amendment) Act, 2008, have limitations in combating deepfake technology:

Section 66E focuses on privacy breaches but lacks specifics on deepfake video creation.
The definition of “private area” is limited to physical attributes, ignoring identity theft or facial manipulation.
Section 66D, while addressing impersonation, doesn’t adequately cover deepfake technology’s unique challenges.

Government Initiatives and Limitations:

In November 2023, the union government advised social media intermediaries to act swiftly against misinformation under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. However, identifying deepfake creators remains a challenge under the Digital Personal Data Protection Act, 2023.

Potential Solutions and Technological Developments:

Establishing a blockchain-based monitoring system for deepfake content.
Amending the Information Technology (Intermediary Guidelines) Rules, 2011 to include clauses against deepfake uploads.
Researchers at the University of California, Riverside, have developed an advanced deepfake detection framework (EMD).
Implementing digital watermarking to combat deepfake videos and ensuring immediate government notification of potentially disruptive content.

Conclusion:

Addressing the deepfake technology challenge requires a multi-faceted approach, combining legal amendments, advanced technological solutions, and proactive government policies. The Indian Penal Code and the IT Act need to evolve to provide robust protection against the misuse of deepfake technology.

SRIRAM’s: Deepfake technology represents a complex blend of legal, ethical, and technological challenges, necessitating an updated and comprehensive approach to ensure the safety and privacy of individuals in the digital age.


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