Title: The danger of deepfakes, Indian laws and platform responsibility

Authors: Smarnika Srivastava

Addresses: Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India

Abstract: In the realm of digital media, deepfakes have become the most sophisticated means of spreading disinformation and indulging in harms such as pornography, commercial frauds, fake news, and political propaganda. This paper analyses a few current legal solutions in India which can be repurposed to apply to deepfakes, such as copyright, criminal laws, right to privacy, etc., however, it has been argued that these are insufficient to tackle these threats. In recent years, India has seen a shift towards platform responsibility and pro-active monitoring, in light of which, the author discusses the reasons why intermediaries should be responsible for moderating content. To do the same, platforms need to strike a balance between respecting the fundamental rights of users and due process principles while taking down harmful content. The author also suggests that criminal legislation should be updated to encompass the harmful uses of deepfakes so that platforms have a legal basis to respond to them, amongst other solutions. Further, some recommendations have been made in the paper on how platforms can update their policies and guidelines to combat the same.

Keywords: deepfakes; pro-active monitoring; content moderation policy; platform responsibility; intermediary liability; IT Rules 2021.

DOI: 10.1504/IJIPM.2025.145164

International Journal of Intellectual Property Management, 2025 Vol.15 No.1, pp.60 - 76

Received: 26 Jul 2023
Accepted: 19 Jan 2024
Published online: 24 Mar 2025 *