Take a step to regulate deepfakes

Last Updated16/01/2023

The lack of proper regulations creates avenues for individuals, firms and even non-state actors to misuse AI.
The legal ambiguity, coupled with a lack of accountability and oversight, is a potent mix for a disaster.

About: They “leverage powerful techniques from machine learning (ML) and artificial intelligence (AI) to manipulate or generate visual and audio content with a high potential to deceive”.

Compelling in nature: Deepfake videos can be used to spread misinformation and propaganda & compromise the public’s ability to distinguish between fact and fiction.
Falseful depiction: No dearth of deepfake pornographic material of celebrities which not only amounts to an invasion of privacy of the people reportedly in those videos, but also to harassment.
Financial fraud: AI-powered softwares can trigger financial frauds.

Can be used to influence elections: This could happen in India’s upcoming general elections too.
Can be used to carry out espionage activities: Doctored videos can be used to blackmail government and defence officials into divulging state secrets.
Could be used to produce inflammatory material: Eg. videos purporting to show the armed forces or the police committing ‘crimes’ in areas with conflict.
Use in extremist activities: Can be used to radicalise populations, recruit terrorists, or incite violence.
Could enable individuals to deny authenticity of genuine content: This could lead to ‘Liar’s Dividend,’ - individuals can exploit increasing awareness & prevalence of deepfake technology by denying authenticity of content.

Section 500 of the IPC: It provides punishment for defamation.
Sections 67 and 67A of IT Act: They punish sexually explicit material in explicit form.
Representation of the People Act, 1951: It includes provisions prohibiting the creation or distribution of false or misleading information about candidates or political parties during an election period.
Rules by Election Commission: They require registered political parties and candidates to get pre-approval for all political advertisements on electronic media to help ensure their accuracy and fairness.

Lag between new technologies & enactment of laws
Legal framework related to AI: Insufficient to adequately address the various issues that have arisen due to AI algorithms.
Introduction of separate legislation: It will regulate the nefarious use of deepfakes and the broader subject of AI.
Proposed Digital India Bill: It can also address this issue.

We can’t always rely on the policy of self-regulation. At least, that is what the Lord of the Flies has taught us.