Deepfakes in India: How govt can tackle the issue of fake images, videos

In response to the escalating threat of deepfakes, the Ministry of Electronics and Information Technology (MeitY) has announced that they are working on decisive measures. The govt, on Thursday revealed plans to draft new regulations or amend existing laws in order to deal with the deepfake menace. The move is a significant step toward combating the spread of real-looking fake videos and audio, a threat highlighted by the recent spread of viral deepfake videos featuring popular Bollywood actresses like Rashmika Mandanna, Katrina Kaif and Kajol Devgn.

Minister of MeitY, Ashwini Vaishnaw, emphasised the urgent need to strengthen rules and regulations against the spread of deepfakes. The govt will unveil a clear and actionable plan to fight deepfakes within the next few days. The drafted regulations are based on four pillars which include:

1. Detection of deepfakes
2. Prevention of the deepfakes
2. Building of grievance and reporting mechanism 
3. Raising awareness

Ranjana Adhikari, Partner, INDUSLAW said, “The central government has shown commendable urgency in tackling the menace of deepfakes. Deepfakes, arguably the most dangerous form of misinformation, pose unprecedented threats not just to democracy and its processes but also to the rights of digital nagriks in online spaces. MeitY has rightly identified ‘detection, prevention, reporting and awareness’ as the four-pronged approach to curbing deepfakes. Any regulation for deepfakes will have to necessarily ensure that it (i) discourages dissemination, (ii) incentivises early reporting, (iii) penalises delay in addressing complaints and taking down deepfakes and (iv) restricts avenues for creation of deepfakes.

Comparing the situation to other countries, Adhikari said, “A recently proposed anti-deepfakes law in the US excludes parodies, satire and criticism from its ambit but a similar exception may not be suitable for India at this juncture. Also, regulations will have to be supplemented by mass awareness about how to recognise deepfakes and why seeing is no longer believing.”

She further added, “Recently, the SAG-AFTRA, the union consisting of the Screen Actors Guild and the American Federation of Television and Radio Artists, attracted global attention by highlighting several critical issues in the industry, including those pertaining to ‘Digital Replicas’ (deepfakes). Some interesting strategies have been highlighted by SAG-AFTRA in relation to deepfakes which are relevant to the Indian context as well. These include having contractual safeguards for artists in relation to the creation and use of Digital Replicas, taking informed consent from performers to create their Digital Replicas and compensating them for the same, educating various stakeholders on self-protection strategies and supporting research to develop deepfake detection technologies.”

Soumen Datta, Partner, Digital Transformation, BDO India suggested ways in which India can look at the problem of deepfakes. He said, “Preventing deepfakes requires a multi-pronged approach. Addressing challenges related to deepfakes requires a combination of legal, technological, and societal measures to prevent and mitigate the harm caused by deepfake content. It’s necessary to launch comprehensive media literacy programs to educate the public about the existence and potential risks of deepfakes. A framework around training individuals to critically assess media content can help in reducing the impact of misinformation.”

Kumar Ritesh,Founder and CEO,Cyfirma, emphasised the need to increase cross-border coordination. He said, “With the new regulations, Research and Development funding that support research into deepfake detection and prevention methods can be crucial. The government can allocate funds for the development of technologies that can identify and mitigate the impact of deepfakes. We hope there will be broader international collaboration as Deepfake threats often go beyond borders. Governments can work collaboratively on an international level to share information, best practices, and coordinate efforts to address the global challenges posed by deepfake technology. And India, with its vast technology talents, is posed to lead this initiative.”