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REGULATING DEEPFAKES AND AI IN INDIA:

Why in the News?

• Recent deepfake video featuring actor Rashmika Mandanna raised concerns on social media.
• Deepfakes, manipulated using AI, pose risks to reputations and democratic trust.

Source: Research Gate

What is a Deepfake?

A deepfake is a type of synthetic media created using artificial intelligence that replaces a person’s likeness or voice in images, videos, or audio recordings with that of someone else, often leading to highly convincing but manipulated content.

Legal Response and Challenges:

• India lacks specific laws for deepfakes, relying on provisions under existing legislation like the IT Act and IPC.
• Experts highlight the inadequacy of current laws in addressing evolving AI technologies, calling for a comprehensive regulatory framework.

Challenges :

• Existing Legal Gaps:Current laws in India deemed insufficient to handle emerging technologies like deepfakes.
• Experts caution against piecemeal legislative amendments, emphasizing the importance of a broader regulatory framework.
• Calls for a regulatory approach based on a thorough market study to address various harms caused by AI.

Government Response and Criticism:

• Announcement of draft regulations, but critics argue for the need to revamp existing laws.
• Advisory from the Ministry of Electronics and Information Technology (MeitY) deemed insufficient by experts, emphasizing the need for enforceable laws.

Global Comparisons:

• Signing of the Bletchley Declaration, acknowledging the risks and the need for global action.
• Proposed EU AI Act outlines transparency and disclosure requirements for deepfake providers.
• S. and EU have introduced executive orders, bills, and codes to manage risks associated with deepfakes.

Way Forward:

• AI governance in India should extend beyond legal measures, focusing on safety standards, increased awareness, and institution building.
• Striking a balance between regulating deepfakes and fostering innovation is crucial, considering India’s developing economy and thriving startup ecosystem.
• A comprehensive approach while promoting human welfare on all fronts.