The Delhi High Court Calls for Deepfake Regulation in India
The Delhi High Court has urged the Indian government to enact a law specifically addressing the
misuse of artificial intelligence (AI), particularly the harmful potential of deepfake technology.
This call to action came during the hearing of a plea filed by Chaitanya Rohilla, who petitioned
the court to formulate guidelines for regulating AI and deepfakes.
A Growing Threat:
The court emphasized the pressing need to control the spread of deepfakes. Acting Chief Justice
Manmohan and Justice Tushar Rao Gedela acknowledged the global nature of the problem,
stating, “Deepfake is not only in India, but this is a challenge all over the world.” They expressed
concern about the potential for deepfakes to manipulate public perception, especially during
elections, noting, “Just ahead of the assembly elections, a large number of political parties were
approaching them against deepfake.”
Existing Laws Deemed Inadequate:
The court acknowledged the limitations of current Indian legislation in tackling deepfakes.
Rohilla’s plea argued that existing laws, including the Information Technology Act, 2000, and the
data Protection Act, 2018, are inadequate for addressing deepfakes. The plea highlighted the
need for specific legislation to protect citizens’ fundamental rights guaranteed by the
Constitution. This concern about a legislative vacuum was further emphasized by the court.
Government’s Response:
While the government initially claimed to be addressing the issue, its approach relied on existing
legal frameworks. In December 2023, the Centre’s counsel stated that the government was
reviewing the situation. However, their subsequent affidavit in February only outlined existing
legal mechanisms and advisories issued to social media platforms regarding AI misuse. This
response fell short of the court’s expectations for a comprehensive strategy.
The Need for a New Approach:
During the hearing, both the court and Rohilla’s lawyer, Advocate Lal, emphasized the growing
threat posed by deepfakes. Interestingly, Additional Solicitor General (ASG) Sharma
acknowledged the limitations of existing laws and suggested “counter-technology” as a potential
solution to combat fake AI. This admission opens the door for exploring innovative approaches
alongside regulatory measures.
Towards a Solution:
The court requested Rohilla’s counsel to submit an additional affidavit within two weeks
detailing suggestions for tackling deepfake misuse. This step indicates the court’s desire for a
collaborative approach in formulating a robust regulatory framework. The next hearing on
October 8th will be crucial in determining the path forward.
Looking Ahead
The Delhi High Court’s intervention marks a significant step towards addressing the potential
dangers of deepfakes in India. The coming weeks will be critical as the court considers Rohilla’s
suggestions and the government ponders the court’s call to action. Ultimately, a multifaceted
approach encompassing legislation, technological solutions, and proactive education initiatives
will be necessary to combat the misuse of deepfakes and safeguard the integrity of information in
India.
