#FactCheck-Old Bihar Video Falsely Linked to Jantar Mantar Protest Over NEET Paper Leak

The 2020s mark the emergence of deepfakes in general media discourse. The rise in deepfake technology is defined by a very simple yet concerning fact: it is now possible to create perfect imitations of anyone using AI tools that can create audio in any person's voice and generate realistic images and videos of almost anyone doing pretty much anything. The proliferation of deepfake content in the media poses great challenges to the functioning of democracies. especially as such materials can deprive the public of the accurate information it needs to make informed decisions in elections. Deepfakes are created using AI, which combines different technologies to produce synthetic content.

Understanding Deepfakes 

Deepfakes are synthetically generated content created using artificial intelligence (AI). This technology works on an advanced algorithm that creates hyper-realistic videos by using a person’s face, voice or likeness utilising techniques such as machine learning. The utilisation and progression of deepfake technology holds vast potential, both benign and malicious. 

An example is when the NGO Malaria No More which had used deepfake technology in 2019 to sync David Beckham’s lip movements with different voices in nine languages, amplified its anti-malaria message.

Deepfakes have a dark side too. They have been used to spread false information, manipulate public opinion, and damage reputations. They can harm mental health and have significant social impacts. The ease of creating deepfakes makes it difficult to verify media authenticity, eroding trust in journalism and creating confusion about what is true and what is not. Their potential to cause harm has made it necessary to consider legal and regulatory approaches.

India’s Legal Landscape Surrounding Deepfakes

India presently lacks a specific law dealing with deepfakes, but the existing legal provisions offer some safeguards against mischief caused. 

• Deepfakes created with the intent of spreading misinformation or damaging someone’s reputation can be prosecuted under the Bharatiya Nyaya Sanhita of 2023. It deals with the consequences of such acts under Section 356, governing defamation law.
• The Information Technology Act of 2000, the primary law that regulates Indian cyberspace. Any unauthorised disclosure of personal information which is used to create deepfakes for harassment or voyeurism is a violation of the act.
• The unauthorised use of a person's likeness in a deepfake can become a violation of their intellectual property rights and lead to copyright infringement.
• India’s privacy law, the Digital Personal Data Protection Act, regulates and limits the misuse of personal data. It has the potential to address deepfakes by ensuring that individuals’ likenesses are not used without their consent in digital contexts.

India, at present, needs legislation that can specifically address the challenges deepfakes pose. The proposed legislation, aptly titled, ‘the Digital India Act’ aims to tackle various digital issues, including the misuse of deepfake technology and the spread of misinformation. Additionally, states like Maharashtra have proposed laws targeting deepfakes used for defamation or fraud, highlighting growing concerns about their impact on the digital landscape.

Policy Approaches to Regulation of Deepfakes

• Criminalising and penalising the making, creation and distribution of harmful deepfakes as illegal will act as a deterrent.
• There should be a process that mandates the disclosures for synthetic media. This would be to inform viewers that the content has been created using AI. 
• Encouraging tech companies to implement stricter policies on deepfake content moderation can enhance accountability and reduce harmful misinformation.
• The public’s understanding of deepfakes should be promoted. Especially, via awareness campaigns that will empower citizens to critically evaluate digital content and make informed decisions.

Deepfake, Global Overview

There has been an increase in the momentum to regulate deepfakes globally. In October 2023, US President Biden signed an executive order on AI risks instructing the US Commerce Department to form labelling standards for AI-generated content. California and Texas have passed laws against the dangerous distribution of deepfake images that affect electoral contexts and Virginia has targeted a law on the non-consensual distribution of deepfake pornography. 

China promulgated regulations requiring explicit marking of doctored content. The European Union has tightened its Code of Practice on Disinformation by requiring social media to flag deepfakes, otherwise they risk facing hefty fines and proposed transparency mandates under the EU AI Act. These measures highlight a global recognition of the risks that deepfakes pose and the need for a robust regulatory framework.

Conclusion 

With deepfakes being a significant source of risk to trust and democratic processes, a multi-pronged approach to regulation is in order. From enshrining measures against deepfake technology in specific laws and penalising the same, mandating transparency and enabling public awareness, the legislators have a challenge ahead of them. National and international efforts have highlighted the urgent need for a comprehensive framework to enable measures to curb the misuse and also promote responsible innovation. Cooperation during these trying times will be important to shield truth and integrity in the digital age. 

References

• https://digitalcommons.usf.edu/cgi/viewcontent.cgi?article=2245&context=jss
• https://www.thehindu.com/news/national/regulating-deepfakes-generative-ai-in-india-explained/article67591640.ece
• https://www.brennancenter.org/our-work/research-reports/regulating-ai-deepfakes-and-synthetic-media-political-arena
• https://www.responsible.ai/a-look-at-global-deepfake-regulation-approaches/
• https://thesecretariat.in/article/wake-up-call-for-law-making-on-deepfakes-and-misinformation 

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Executive Summary
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A picture is rapidly going viral on social media, showing Indian cricketer Virat Kohli and actor Anushka Sharma having breakfast together. Users are sharing this photo, presenting it as a "candid" (real) moment. Research by the CyberPeace Research Wing revealed that the photo of Virat Kohli and Anushka Sharma having breakfast is completely fake. This image does not depict a real moment, but has been created using Artificial Intelligence (AI).

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Claim
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A picture is rapidly going viral on social media, showing Indian cricketer Virat Kohli and actor Anushka Sharma having breakfast together. Users are sharing this photo, presenting it as a "candid" (real) moment.

https://www.facebook.com/groups/1132434027856845/posts/1677540760012833/

https://archive.ph/KHTXp 

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Fact Check
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In our research, this image was found to be 'AI-generated'. When a reverse image search and keyword scan were conducted to verify this viral photo, no credible media reports, official photographs, or any such posts on the celebrity couple's official social media handles were found.

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WASIT also confirmed that the image is 'AI-generated'.
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Conclusion
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Our research revealed that the photo of Virat Kohli and Anushka Sharma having breakfast is completely fake. This image does not depict a real moment, but has been created using Artificial Intelligence (AI).

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Biological data includes biometric information such as fingerprints, facial recognition, DNA sequences, and behavioral traits. Genetic data can be extracted from an individual’s remains long after their death and can continue to identify both that individual and an expanding pool of their living relatives. This persistent identification can significantly reduce privacy over time, revealing genetic characteristics and familial relationships across successive generations.

Key Developments in Privacy Protection for Biological Data:

Legal texts have been created relating to personal data protection and privacy broadly, and can sometimes prove to be poor adaptations specifically for ‘biometric data’ and its safety. Some examples are mentioned below:

1. EU and UK- GDPR

GDPR focuses primarily on biometrics in Biological Data while deciphering the technology's immense potential. The EU describes “personal data” under the General Data Protection Regulation (GDPR) including any identifiable information about a particular person. For example, this can include names, identification numbers, location data, and other structured and unstructured data. In addition, the GDPR has more specific requirements around processing sensitive or “special categories of personal data.” These “special categories” include things like genetic and biometric data. For biometric security to work well, citizens' rights must be protected appropriately, and the data collected by private and public concerns must be managed carefully and sensibly. 

2. USA

California Consumer Privacy Act (CCPA) grants Californian consumers the right to protect their personal information and biometric data including the right to disclosure or access, the right to be forgotten, and data portability. The sale of personal information and the option of opt-out is also given to consumers. Additionally, it contains the right to take legal action, with penalties imposed for violations.

The California Privacy Rights Act was passed on November 3, 2020, and took effect on January 1, 2023, with a lookback period starting January 1, 2022. It introduces sensitive personal information which includes biometric data and other sensitive details. 

Virginia's Consumer Data Protection Act, effective from January 1, 2023, designates genetic and biometric data as sensitive data that must be protected.

Illinois' Biometric Information Privacy Act is recognised as the most robust biometric privacy law in the United States. The significance of the Rosenbach v. Six Flags case lies in the Illinois Supreme Court's ruling that a plaintiff does not need to demonstrate additional harm to impose penalties on a BIPA violator. A mere loss of statutory biometric privacy rights is sufficient to warrant penalties.

3. India

As per Rule 2(1)(b) of the SPDI Rules, Sensitive Personal Data or Information, including biometric data is included under its meaning. The term ‘biometric data’ has not been defined in the Digital Personal Data Protection Act, 2023. The need for data privacy under the DPDP Act emerges only if such data is subsequently digitised under extraction and manipulation, including notice and consent requirements and penalties. 

The Biotech-PRIDE (Promotion of Research and Innovation through Data Exchange) Guidelines of 2021 are aimed at fostering an exchange of information which would thereby enhance research and innovation among various research groups nationwide. These guidelines do not deal with the generation of biological data but are a mechanism to share and exchange information and knowledge generated according to existing laws, rules, regulations and norms of the country. They will ensure data-sharing benefits, maximise use, avoid duplication, maximise integration, ownership of information, better decision-making and equity of access

How is Biological Data vulnerable?

• Biological data is often immutable, meaning it cannot be altered once compromised. Unlike other authentications that can be changed, compromised biometric data poses a permanent risk, making its protection paramount.
• The use of facial recognition technology by law enforcement agencies and the creation of databases by the same also highlights the urgent need for stringent privacy protections.
• Advances in technology, particularly AI and ML, make it easier to collect, analyse, and utilise biometric data by manipulating biometric data. This in turn is leading to new forms of identity theft and fraud that make it necessary to enhance security measures and ethical considerations to prevent abuse.
• Cross-border data transfers raise serious privacy concerns, especially as countries have varying levels and standards of data protection. 
• Wearable health-related biometric devices lack the required privacy protections which ends up making the data they collect vulnerable to misuse and breaches.

Future Outlook

With the growing use of biological data, there is likely to be increased pressure on regulatory bodies to strengthen privacy protections. This necessitates a need for enhanced security measures to protect users' identities and further prevent any form of unauthorised access. Future developments should be aimed at including strict consent requirements, and enhanced data security measures, especially for wearable devices. A new legal framework specifically designed to address the challenges posed by biometric data would be welcome. Biological data protection is an emerging need in the digital environment that we live in today.

References

• https://www.cnbc.com/2024/08/17/new-privacy-battle-is-underway-as-tech-gadgets-capture-our-brain-waves.html 
• https://www.snrlaw.in/sense-and-sensitivity-sensitive-information-under-indias-new-data-regime/ 
• https://www.thalesgroup.com/en/markets/digital-identity-and-security/government/biometrics/biometric-data‍
• https://www.business-standard.com/article/economy-policy/govt-releases-guideline-to-provide-framework-for-sharing-of-biological-data-121073001467_1.html