How Should Deepfakes Be Regulated in India?
Introduction
The use of AI in content production, especially images and videos, is changing the foundations of evidence. AI-generated videos and images can mirror a person’s facial features, voice, or actions with a level of fidelity to which the average individual may not be able to distinguish real from fake. The ability to provide creative solutions is indeed a beneficial aspect of this technology. However, its misuse has been rapidly escalating over recent years. This creates threats to privacy and dignity, and facilitates the creation of dis/misinformation. Its real-world consequences are the manipulation of elections, national security threats, and the erosion of trust in society.
Why India Needs Deepfake Regulation
Deepfake regulation is urgently needed in India, evidenced by the recent Rashmika Mandanna incident, where a hoax deepfake of an actress created a scandal throughout the country. This was the first time that an individual's image was superimposed on the body of another woman in a viral deepfake video that fooled many viewers and created outrage among those who were deceived by the video. The incident even led to law enforcement agencies issuing warnings to the public about the dangers of manipulated media.
This was not an isolated incident; many influencers, actors, leaders and common people have fallen victim to deepfake pornography, deepfake speech scams, defraudations, and other malicious uses of deepfake technology. The rapid proliferation of deepfake technology is outpacing any efforts by lawmakers to regulate its widespread use. In this regard, a Private Member’s Bill was introduced in the Lok Sabha in its Winter Session. This proposal was presented to the Lok Sabha as an individual MP's Private Member's Bill. Even though these have had a low rate of success in being passed into law historically, they do provide an opportunity for the government to take notice of and respond to emerging issues. In fact, Private Member's Bills have been the catalyst for government action on many important matters and have also provided an avenue for parliamentary discussion and future policy creation. The introduction of this Bill demonstrates the importance of addressing the public concern surrounding digital impersonation and demonstrates that the Parliament acknowledges digital deepfakes to be a significant concern and, therefore, in need of a legislative framework to combat them.
Key Features Proposed by the New Deepfake Regulation Bill
The proposed legislation aims to create a strong legal structure around the creation, distribution and use of deepfake content in India. Its five core proposals are:
1. Prior Consent Requirement: individuals must give their written approval before producing or distributing deepfake media, including digital representations of themselves, as well as their faces, images, likenesses and voices. This aims to protect women, celebrities, minors, and everyday citizens against the use of their identities with the intent to harm them or their reputations or to harass them through the production of deepfakes.
2. Penalties for Malicious Deepfakes: Serious criminal consequences should be placed for creating or sharing deepfake media, particularly when it is intended to cause harm (defame, harass, impersonate, deceive or manipulate another person). The Bill also addresses financially fraudulent use of deepfakes, political misinformation, interfering with elections and other types of explicit AI-generated media.
3. Establishment of a Deepfake Task Force: To look at the potential impact of deepfakes on national security, elections and public order, as well as on public safety and privacy. This group will work with academic institutions, AI research labs and technology companies to create advanced tools for the detection of deepfakes and establish best practices for the safe and responsible use of generative AI.
4. Creation of a Deepfake Detection and Awareness Fund: To assist with the development of tools for detecting deepfakes, increasing the capacity of law enforcement agencies to investigate cybercrime, promoting public awareness of deepfakes through national campaigns, and funding research on artificial intelligence safety and misinformation.
How Other Countries Are Handling Deepfakes
1. United States
Many States in the United States, including California and Texas, have enacted laws to prohibit the use of politically deceptive deepfakes during elections. Additionally, the Federal Government is currently developing regulations requiring that AI-generated content be clearly labelled. Social Media Platforms are also being encouraged to implement a requirement for users to disclose deepfakes.
2. United Kingdom
In the United Kingdom, it is illegal to create or distribute intimate deepfake images without consent; violators face jail time. The Online Safety Act emphasises the accountability of digital media providers by requiring them to identify, eliminate, and avert harmful synthetic content, which makes their role in curating safe environments all the more important.
3. European Union:
The EU has enacted the EU AI Act, which governs the use of deepfakes by requiring an explicit label to be affixed to any AI-generated content. The absence of a label would subject an offending party to potentially severe regulatory consequences; therefore, any platform wishing to do business in the EU should evaluate the risks associated with deepfakes and adhere strictly to the EU's guidelines for transparency regarding manipulated media.
4. China:
China has among the most rigorous regulations regarding deepfakes anywhere on the planet. All AI-manipulated media will have to be marked with a visible watermark, users will have to authenticate their identities prior to being allowed to use advanced AI tools, and online platforms have a legal requirement to take proactive measures to identify and remove synthetic materials from circulation.
Conclusion
Deepfake technology has the potential to be one of the greatest (and most dangerous) innovations of AI technology. There is much to learn from incidents such as that involving Rashmika Mandanna, as well as the proliferation of deepfake technology that abuses globally, demonstrating how easily truth can be altered in the digital realm. The new Private Member's Bill created by India seeks to provide for a comprehensive framework to address these abuses based on prior consent, penalties that actually work, technical preparedness, and public education/awareness. With other nations of the world moving towards increased regulation of AI technology, proposals such as this provide a direction for India to become a leader in the field of responsible digital governance.
References
- https://www.ndtv.com/india-news/lok-sabha-introduces-bill-to-regulate-deepfake-content-with-consent-rules-9761943
- https://m.economictimes.com/news/india/shiv-sena-mp-introduces-private-members-bill-to-regulate-deepfakes/articleshow/125802794.cms
- https://www.bbc.com/news/world-asia-india-67305557
- https://www.akingump.com/en/insights/blogs/ag-data-dive/california-deepfake-laws-first-in-country-to-take-effect
- https://codes.findlaw.com/tx/penal-code/penal-sect-21-165/
- https://www.mishcon.com/news/when-ai-impersonates-taking-action-against-deepfakes-in-the-uk#:~:text=As%20of%2031%20January%202024,of%20intimate%20deepfakes%20without%20consent.
- https://www.politico.eu/article/eu-tech-ai-deepfakes-labeling-rules-images-elections-iti-c2pa/
- https://www.reuters.com/article/technology/china-seeks-to-root-out-fake-news-and-deepfakes-with-new-online-content-rules-idUSKBN1Y30VT/
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Introduction
Against the dynamic backdrop of Mumbai, where the intersection of age-old markets and cutting-edge innovation is a daily reality, an initiative of paramount importance has begun to take shape within the hallowed walls of the Reserve Bank of India (RBI). This is not just a tweak, a nudge in policy, or a subtle refinement of protocols. What we're observing is nothing short of a paradigmatic shift, a recalibration of systemic magnitude, that aims to recalibrate the way India's financial monoliths oversee, manage, and secure their informational bedrock – their treasured IT systems.
On the 7th of November, 2023, the Reserve Bank of India, that bastion of monetary oversight and national fiscal stability, unfurled a new doctrine – the 'Master Direction on Information Technology Governance, Risk, Controls, and Assurance Practices.' A document comprehensive in its reach, it presents not merely an update but a consolidation of all previously issued guidelines, instructions, and circulars relevant to IT governance, plaited into a seamless narrative that extols virtues of structured control and unimpeachable assurance practices. Moreover, it grasps the future potential of Business Continuity and Disaster Recovery Management, testaments to RBI's forward-thinking vision.
This novel edict has been crafted with a target audience that spans the varied gamut of financial entities – from Scheduled Commercial Banks to Non-Banking Financial Companies, from Credit Information Companies to All India Financial Institutions. These are the juggernauts that keep the economic wheels of the nation churning, and RBI's precision-guided document is an unambiguous acknowledgment of the vital role IT holds in maintaining the heartbeat of these financial bodies. Here lies a riveting declaration that robust governance structures aren't merely preferred but essential to manage the landscape of IT-related risks that balloon in an era of ever-proliferating digital complexity.
Directive Structure
The directive's structure is a combination of informed precision and intuitive foresight. Its seven chapters are not simply a grouping of topics; they are the seven pillars upon which the temple of IT governance is to be erected. The introductory chapter does more than set the stage – it defines the very reality, the scope, and the applicability of the directive, binding the reader in an inextricable covenant of engagement and anticipation. It's followed by a deep dive into the cradle of IT governance in the second chapter, drawing back the curtain to reveal the nuanced roles and defiant responsibilities bestowed upon the Board of Directors, the IT Strategy Committee, the clairvoyant Senior Management, the IT Steering Committee, and the pivotal Head of IT Function.
As we move along to the third chapter, we encounter the nuts and bolts of IT Infrastructure & Services Management. This is not just a checklist; it is an orchestration of the management of IT services, third-party liaisons, the calculus of capacity management, and the nuances of project management. Here terms like change and patch management, cryptographic controls, and physical and environmental safeguards leap from the page – alive with earnest practicality, demanding not just attention but action.
Transparency deepens as we glide into the fourth chapter with its robust exploration of IT and Information Security Risk Management. Here, the demand for periodic dissection of IT-related perils is made clear, along with the edifice of an IT and Information Security Risk Management Framework, buttressed by the imperatives of Vulnerability Assessment and Penetration Testing.
The fifth chapter presents a tableau of circumspection and preparedness, as it waxes eloquent on the necessity and architecture of a well-honed Business Continuity Plan and a disaster-ready DR Policy. It is a paean to the anticipatory stance financial institutions must employ in a world fraught with uncertainty.
Continuing the narrative, the sixth chapter places the spotlight on Information Systems Audit, delineating the precise role played by the Audit Committee of the Board in ushering in accountability through an exhaustive IS Audit of the institution's virtual expanse.
And as we perch on the final chapter, we're privy to the 'repeal and other provisions' of the directive, underscoring the interplay of other applicable laws and the interpretation a reader may yield from the directive's breadth.
Conclusion
To proclaim that this directive is a mere step forward in the RBI's exhaustive and assiduous efforts to propel India's financial institutions onto the digital frontier would be a grave understatement. What we are witnessing is the inception of a more adept, more secure, and more resilient financial sector. This directive is nothing less than a beacon, shepherding in an epoch of IT governance marked by impervious governance structures, proactive risk management, and an unyielding commitment to the pursuit of excellence and continuous improvement. This is no ephemeral shift - this is, indisputably, a revolutionary stride into a future where confidence and competence stand as the watchwords in navigating the digital terra incognita.
References:
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Introduction
Search engines have become indispensable in our daily lives, allowing us to find information instantly by entering keywords or phrases. Using the prompt "search Google or type a URL" reflects just how seamless this journey to knowledge has become. With millions of searches conducted every second, and Google handling over 6.3 million searches per minute as of 2023 (Statista), one critical question arises: do search engines prioritise results based on user preferences and past behaviours, or are they truly unbiased?
Understanding AI Bias in Search Algorithms
AI bias is also known as machine learning bias or algorithm bias. It refers to the occurrence of biased results due to human biases that deviate from the original training data or AI algorithm which leads to distortion of outputs and creation of potentially harmful outcomes. The sources of this bias are algorithmic bias, data bias and interpretation bias which emerge from user history, geographical data, and even broader societal biases in training data.
Common biases include excluding certain groups of people from opportunities because of AI bias. In healthcare, underrepresenting data of women or minority groups can skew predictive AI algorithms. While AI helps streamline the automation of resume scanning during a search to help identify ideal candidates, the information requested and answers screened out can result in biased outcomes due to a biased dataset or any other bias in the input data.
Case in Point: Google’s "Helpful" Results and Its Impact
Google optimises results by analysing user interactions to determine satisfaction with specific types of content. This data-driven approach forms ‘filter bubbles’ by repeatedly displaying content that aligns with a user’s preferences, regardless of factual accuracy. While this can create a more personalised experience, it risks confining users to a limited view, excluding diverse perspectives or alternative viewpoints.
The personal and societal impacts of such biases are significant. At an individual level, filter bubbles can influence decision-making, perceptions, and even mental health. On a societal level, these biases can reinforce stereotypes, polarise opinions, and shape collective narratives. There is also a growing concern that these biases may promote misinformation or limit users’ exposure to diverse perspectives, all stemming from the inherent bias in search algorithms.
Policy Challenges and Regulatory Measures
Regulating emerging technologies like AI, especially in search engine algorithms, presents significant challenges due to their intricate, proprietary nature. Traditional regulatory frameworks struggle to keep up with them as existing laws were not designed to address the nuances of algorithm-driven platforms. Regulatory bodies are pushing for transparency and accountability in AI-powered search algorithms to counter biases and ensure fairness globally. For example, the EU’s Artificial Intelligence Act aims to establish a regulatory framework that will categorise AI systems based on risk and enforces strict standards for transparency, accountability, and fairness, especially for high-risk AI applications, which may include search engines. India has proposed the Digital India Act in 2023 which will define and regulate High-risk AI.
Efforts include ethical guidelines emphasising fairness, accountability, and transparency in information prioritisation. However, a complex regulatory landscape could hinder market entrants, highlighting the need for adaptable, balanced frameworks that protect user interests without stifling innovation.
CyberPeace Insights
In a world where search engines are gateways to knowledge, ensuring unbiased, accurate, and diverse information access is crucial. True objectivity remains elusive as AI-driven algorithms tend to personalise results based on user preferences and past behaviour, often creating a biased view of the web. Filter bubbles, which reinforce individual perspectives, can obscure factual accuracy and limit exposure to diverse viewpoints. Addressing this bias requires efforts from both users and companies. Users should diversify sources and verify information, while companies should enhance transparency and regularly audit algorithms for biases. Together, these actions can promote a more equitable, accurate, and unbiased search experience for all users.
References
- https://www.bbc.com/future/article/20241101-how-online-photos-and-videos-alter-the-way-you-think
- https://www.bbc.com/future/article/20241031-how-google-tells-you-what-you-want-to-hear
- https://www.ibm.com/topics/ai-bias#:~:text=In%20healthcare%2C%20underrepresenting%20data%20of,can%20skew%20predictive%20AI%20algorithms
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Introduction
The rapid advancement of technology, including generative AI, offers immense benefits but also raises concerns about misuse. The Internet Watch Foundation reported that, as of July 2024, over 3,500 new AI-generated child sexual abuse images appeared on the dark web. The UK’s National Crime Agency records 800 monthly arrests for online child threats and estimates 840,000 adults as potential offenders. In response, the UK is introducing legislation to criminalise AI-generated child exploitation imagery, which will be a part of the Crime and Policing Bill when it comes to parliament in the next few weeks, aligning with global AI regulations like the EU AI Act and the US AI Initiative Act. This policy shift strengthens efforts to combat online child exploitation and sets a global precedent for responsible AI governance.
Current Legal Landscape and the Policy Gap
The UK’s Online Safety Act 2023 aims to combat CSAM and deepfake pornography by holding social media and search platforms accountable for user safety. It mandates these platforms to prevent children from accessing harmful content, remove illegal material, and offer clear reporting mechanisms. For adults, major platforms must be transparent about harmful content policies and provide users control over what they see.
However, the Act has notable limitations, including concerns over content moderation overreach, potential censorship of legitimate debates, and challenges in defining "harmful" content. It may disproportionately impact smaller platforms and raise concerns about protecting journalistic content and politically significant discussions. While intended to enhance online safety, these challenges highlight the complexities of balancing regulation with digital rights and free expression.
The Proposed Criminalisation of AI-Generated Sexual Abuse Content
The proposed law by the UK criminalises the creation, distribution, and possession of AI-generated CSAM and deepfake pornography. It mandates enforcement agencies and digital platforms to identify and remove such content, with penalties for non-compliance. Perpetrators may face up to two years in prison for taking intimate images without consent or installing equipment to facilitate such offences. Currently, sharing or threatening to share intimate images, including deepfakes, is an offence under the Sexual Offences Act 2003, amended by the Online Safety Act 2023. The government plans to repeal certain voyeurism offences, replacing them with broader provisions covering unauthorised intimate recordings. This aligns with its September 2024 decision to classify sharing intimate images as a priority offence under the Online Safety Act, reinforcing its commitment to balancing free expression with harm prevention.
Implications for AI Regulation and Platform Responsibility
The UK's move aligns with its AI Safety Summit commitments, placing responsibility on platforms to remove AI-generated sexual abuse content or face Ofcom enforcement. The Crime and Policing Bill is expected to tighten AI regulations, requiring developers to integrate safeguards against misuse, and the licensing frameworks may enforce ethical AI standards, restricting access to synthetic media tools. Given AI-generated abuse's cross-border nature, enforcement will necessitate global cooperation with platforms, law enforcement, and regulators. Bilateral and multilateral agreements could help harmonise legal frameworks, enabling swift content takedown, evidence sharing, and extradition of offenders, strengthening international efforts against AI-enabled exploitation.
Conclusion and Policy Recommendations
The Crime and Policing Bill marks a crucial step in criminalising AI-generated CSAM and deepfake pornography, strengthening online safety and platform accountability. However, balancing digital rights and enforcement remains a challenge. For effective implementation, industry cooperation is essential, with platforms integrating detection tools and transparent reporting systems. AI ethics frameworks should prevent misuse while allowing innovation, and victim support mechanisms must be prioritised. Given AI-driven abuse's global nature, international regulatory alignment is key for harmonised laws, evidence sharing, and cross-border enforcement. This legislation sets a global precedent, emphasising proactive regulation to ensure digital safety, ethical AI development, and the protection of human dignity.
References
- https://www.iwf.org.uk/about-us/why-we-exist/our-research/how-ai-is-being-abused-to-create-child-sexual-abuse-imagery/
- https://www.reuters.com/technology/artificial-intelligence/uk-makes-use-ai-tools-create-child-abuse-material-crime-2025-02-01/
- https://www.financialexpress.com/life/technology-uk-set-to-ban-ai-tools-for-creating-child-sexual-abuse-images-with-new-laws-3735296/
- https://www.gov.uk/government/publications/national-crime-agency-annual-report-and-accounts-2023-to-2024/national-crime-agency-annual-report-and-accounts-2023-to-2024-accessible#part-1--performance-report
