The Digital Mirage: India's Evolving Legal Battle Against Deepfake Technology

Abstract

The proliferation of deepfake technology in India presents unprecedented challenges to existing legal frameworks, threatening individual dignity, democratic processes, and social harmony. This research conducts a comprehensive analysis of India's legal response to Artificial Intelligence-generated (AI-generated) synthetic media through doctrinal examination, empirical case studies, and comparative jurisprudence.

The study reveals critical gaps in India's current legal architecture. While provisions under the Information Technology Act 2000, Indian Penal Code 1860, The Bharatiya Nyaya Sanhita, 2023 (BNS), and emerging data protection laws offer partial protection, they lack specificity for deepfake-related harms. The research examines landmark cases including Arijit Singh v. Codible Ventures LLP and high-profile celebrity deepfake incidents, demonstrating judicial evolution toward protective personality rights jurisprudence despite legislative ambiguity.

Through systematic analysis of enforcement mechanisms, the study identifies significant implementation challenges including technical detection limitations, jurisdictional complexities, and inadequate institutional capacity. Empirical assessment of complaint data from the National Crime Records Bureau and state cybercrime cells reveals poor conviction rates and prolonged resolution timelines, highlighting the enforcement-legislation disconnect.

The research proposes a comprehensive regulatory framework centred on a dedicated Synthetic Media Regulation Act, incorporating graduated harm-based penalties, platform accountability standards, and victim compensation mechanisms. The proposed multi-stakeholder governance model balances innovation promotion with fundamental rights protection through safe harbour provisions for legitimate uses while criminalizing non-consensual creation and distribution.

Key contributions include the first systematic legal analysis of India's deepfake regulatory landscape, evidence-based policy recommendations, and an implementation roadmap addressing short-term enforcement needs and long-term institutional reforms. The study positions India to lead global synthetic media governance while protecting citizens from AI-generated deception in an increasingly digital society.