Delhi HC asks Centre to respond to Rajat Sharma’s plea on non-regulation of deepfake technology

New Delhi: The Delhi High Court on Wednesday sought the Centre's response on a PIL by veteran journalist Rajat Sharma against non-regulation of deepfake technology in the country and seeking directions to block public access to applications and software enabling creation of such content.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora issued notice to the Union Ministry of Electronics and Information Technology on the petition.

Deepfake technology facilitates creation of realistic videos, audio recordings and images that can manipulate and mislead viewers by superimposing the likeness of one person onto another, altering their words and actions, thereby presenting a false narrative or spreading misinformation.

The bench said it was a “major problem” and sought to know from the central government if it was willing to act on the issue.

“Political parties are complaining about this as well. You are not taking any action…,” the court said.

Rajat Sharma, the Chairman and Editor-in-Chief of Independent News Service Private Limited (INDIA TV), said in the public interest litigation (PIL) that proliferation of deepfake technology poses significant threat to various aspects of society, including misinformation and disinformation campaign, and undermines the integrity of public discourse and the democratic process.

The PIL said there is a threat of potential use of this technology in fraud, identity theft and blackmail, harm to individual reputation, privacy and security, erosion of trust in media and public institutions and violation of intellectual property rights and privacy rights.

The plea said in view of these threats, there is a pressing need for strict enforcement and proactive action to mitigate potential harm associated with their misuse.

“The absence of adequate regulation and safeguards against the misuse of deepfake technology poses a grave risk to the fundamental rights guaranteed under the Constitution of India, including the right to freedom of expression, the right to privacy, and the right to a fair trial,” the petition said.

It said it is imperative for the government to establish regulatory frameworks to define and classify deepfakes and AI-generated content and prohibit the creation, distribution and dissemination of deepfakes for malicious purposes.

“The failure of the government to regulate and provide effective redressal to victims of deepfakes and AI-generated content effectively not only undermines the rights and safety of its citizens but also jeopardizes the integrity of democratic institutions and societal trust,” it said.

The plea said the Centre had made a statement of its intent to formulate regulation for dealing with deepfakes and synthetic content in November 2023, but nothing of the sort has seen the light of the day so far.

The petitioner mentioned in the plea that certain unscrupulous people were maintaining social media accounts and uploading fake videos featuring his image and his Artificial Intelligence (AI)-generated voice to sell or endorse various products such as purported medication for diabetes and fat loss.

The PIL sought a direction to the Centre to identify and block public access to the applications, software, platforms and websites enabling the creation of deepfakes.

It also sought a direction to appoint a dedicated nodal officer for receiving complaints regarding deepfakes and acting upon them within 12 hours and within 6 hours in the case of a complaint received regarding content featuring a public figure.

The plea said that the government be asked to issue a directive to all social media intermediaries to initiate immediate action to take down deepfakes upon receipt of a complaint from the person concerned.