Deepfakes and the Law: Why India Must Lead in Building an Ethical AI Policy (2025)

Deepfakes and the Law: Why India Must Lead in Building an Ethical AI Policy (2025)
By The Spiritual Lawyer 🦅
+919823044282
Founder, RG Legal Support Services & Legal Infotainment Pvt. Ltd.
Advocate, Policy Researcher, and Legal Educator
A. The Deepfake Dilemma
Artificial Intelligence (AI) is no longer a distant future. It is our daily reality now. From AI generated songs and political videos to digital impersonation scams, India is witnessing an unprecedented rise in deepfakes. Deep fakes, hyperrealistic synthetic videos and audio created using machine learning. While AI offers transformative potential in education, law, healthcare, and entertainment, deepfakes threaten democracy, privacy, and trust. They blur the boundary between truth and fabrication. And yet, India lacks a specific legal framework to regulate or punish the malicious use of deepfake technology.
B. The Legal Vacuum
Existing Provisions Are Not Enough to prevent misuse of the technology. At present, deepfakes are indirectly governed under:
1. Section 66D, IT Act (2000): Cheating by personation using computer resources.
2. Section 67, IT Act: Punishes obscene content, not synthetic manipulation.
3. Sections 319, 356, 79 of BNS ( IPC Sections 419, 499, 509 ): Limited application.
4. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Impose general obligations on social media platforms, but don’t specifically target AI-generated misinformation.
C. However, these laws are reactive, not preventive, and lack a clear definition of “AI-generated content” or “deepfake.” India, home to over 800 million internet users, cannot afford to lag behind.
D. What the World Is Doing
1. EU AI Act (2024): The world’s first full-fledged AI regulation mandates transparency, watermarking, and accountability.
2. United States: Multiple state laws now criminalize malicious deepfake use in elections and pornography.
3. UNESCO’s AI Ethics Guidelines: Encourage nations to legislate based on human dignity, truth, and transparency.
E. Why India Needs a “Deepfakes (Prohibition and Regulation) Bill, 2025”
1. To Protect Democracy
As India heads toward the 2029 General Elections, AI-generated propaganda and fake political videos could distort public opinion. 
2. To Safeguard Women’s Dignity
Thousands of women have been victims of deepfake pornographic content — without any direct legal recourse.
3. To Secure Digital Commerce
Deepfake voice scams and synthetic frauds have targeted even banks and CEOs. The RBI and CERT-In have warned, but no legal standard compels preventive measures.
4. To Maintain Artistic Freedom
While protecting citizens, India’s law must still safeguard satire, parody, and artistic creativity.
F. The Deepfakes (Prohibition and Regulation) Bill, 2025: Key Proposals by me:
Objective: An enactment Tpto prohibit malicious creation, dissemination, and misuse of AI-generated deepfakes, and to promote responsible innovation in AI technologies.
Arrangement of Sections:
1. Short Title: the Deepfakes (Prohibition and Regulation) Bill, 2025
2. Definitions
(a) “Deepfake”: Any AI-generated visual, audio, or audiovisual content that imitates or manipulates the appearance, speech, or identity of a person with deceptive intent.
(b) “AI Content”: Any digital content created wholly or partially using artificial intelligence.
2. Mandatory Watermarking
Every AI tool or generator deployed in India must automatically embed visible or invisible watermarks to identify synthetic content.
3. Platform Liability
Social media platforms, hosting providers, and online intermediaries must: Detect and label deepfakes, Remove malicious content within 24 hours of a complaint, Maintain a “traceability log” of uploaders.
4. Criminal Penalties
a. Up to 5 years imprisonment for creation or publication of malicious deepfakes.
b. Enhanced penalties (7 years) when linked to election interference or defamation of women.
c. Compensation may also be provided.
5. Safe Harbour for Creativity
Exemptions for artistic expression, satire, parody, and academic research Provided adequate disclaimers are included.
6. Deepfake Redressal Mechanism
A Establishment of a National Deepfake Monitoring Authority (NDMAI) to:
a. Oversee AI content transparency.
b. Investigate reported misuse.
c. Recommend periodic updates to the law.
G. Implementation Strategy
1. Digital Literacy Campaigns: Nationwide awareness on identifying fake content.
2. Tech–Law Collaboration: Partnerships with IITs, NLU tech-law centres, and AI startups.
3. Certification System: AI developers to be registered under MeitY for compliance.
H. The Ethical Dimension
Ethics are the only truth in the Age of Technology. In the Indian philosophical tradition, “सत्यं वदं, धर्मं चरं” — Speak truth, follow righteousness, has been a guiding value. The Deepfakes Bill should not only regulate, but reaffirm India’s moral commitment to truth, dignity, and justice in the digital age. As The Spiritual Lawyer 🦅, I believe technology must serve Dharma, not distort it.
I. The Call to Action
India stands at a historic crossroads now. The question is: Will we allow AI to rewrite reality, or will we write the law that preserves truth? Lawyers, policymakers, journalists, and educators, all must unite to shape India’s AI and Deepfake Regulation Framework. Let us make sure that our Constitution’s promise of liberty, dignity, and truth, holds firm in the digital age.
J. Next Step: The “Deepfakes (Prohibition and Regulation) Bill, 2025”
Coming soon a full draft Bill (10–12 pages) with clauses, explanatory notes, and citations. It will include: Clause-wise explanations, Case studies of cyber frauds and political deepfakes, Comparison with EU AI Act and U.S. model laws, Proposed structure for NDMAI (National Deepfake Monitoring Authority of India).
I need a suitable Member of Parliament to introduce the draft made by me as a Private Bill. 😊
Thank you for reading 🙏 
Author by:
The Spiritual Lawyer 🦅
Working for Legal Awareness, Ethical AI, and Social Justice.
+91 9823044282

Comments

Post a Comment

Popular posts from this blog

Admissibility of WhatsApp chat in evidence in India

Admissibility of WhatsApp chat in evidence in India I. Key Legal Provisions for WhatsApp Chat Admissibility In India, WhatsApp chats are admissible as electronic evidence under the Indian Evidence Act, 1872, provided certain conditions are met. The key provisions governing the admissibility and evidentiary value of WhatsApp chats are as follows:  1. Section 65A & 65B of the Indian Evidence Act, 1872 A.These sections specifically deal with the admissibility of electronic records as evidence. B.Section 65B(1) states that any electronic record (including WhatsApp chats) produced from a computer or digital device is considered a document if accompanied by a certificate under Section 65B(4). C.The certificate must specify: a.The device used to produce the record. b.The integrity of the data. c.The identity of the person handling the device. d.A declaration that the record was produced in the regular course of business. 2. Information Technology Act, 2000 A.Under this Act, electronic...
Read more

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)- Balancing the Rights and Liabilities of Creditors and Debtors – A Judicially Calibrated Framework By Advocate Ranjitsinh Ghatge 🦅

Image
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) - Balancing the Rights and Liabilities of Creditors and Debtors – A Judicially Calibrated Framework By Advocate Ranjitsinh Ghatge 🦅 I. Introduction: Why SARFAESI Exists The SARFAESI Act, 2002 was enacted against the backdrop of mounting non-performing assets (NPAs) choking the Indian banking system. Conventional civil recovery mechanisms were slow, expensive, and ineffective. Parliament therefore created a non-adjudicatory enforcement mechanism enabling secured creditors to enforce security interests without court intervention, subject to post-action judicial review. At the same time, the Act could not—and does not—permit arbitrary deprivation of property. Over the last two decades, constitutional courts have acted as balancing institutions, ensuring that creditor efficiency does not degenerate into debtor oppression. II. The Architecture of SARFAESI: Rights & Li...
Read more

Execution of Decrees and Orders under the Code of Civil Procedure, 1908: A Comprehensive Overview

Execution of Decrees and Orders under the Code of Civil Procedure, 1908: A Comprehensive Overview The execution of decrees and orders is the final and most crucial stage of civil litigation. It ensures that the rights adjudicated by a court are practically enforced, allowing the successful party (decree-holder) to reap the benefits of the judgment. The Code of Civil Procedure, 1908 (CPC), particularly Order XXI, provides a detailed framework for the execution of decrees and orders. This article explores the concept of execution, the procedural aspects under the CPC, and important judgments that have shaped the interpretation and application of execution laws in India. What is Execution of a Decree? A “decree” is the formal expression of an adjudication by a court, conclusively determining the rights of the parties in a suit. Once a decree is passed, the decree-holder must initiate execution proceedings to enforce it. Execution involves the practical implementation of the court's de...
Read more