TABLE OF CONTENTS

THE EMERGING ISSUE OF DEEPFAKE IN PRESENT-DAY INDIAN SCENARIO: A

LEGAL STUDY .................................................................................................................................... 2
Introduction: ........................................................................................................................................... 2
Advantages & Disadvantages .................................................................................................................. 3
Legal provisions against the deepfake media in India: ........................................................................... 5
Conflict between the IPC and the IT Act: .............................................................................................. 11
Other countries regulations: ................................................................................................................. 11
Suggestions: .......................................................................................................................................... 12
Conclusion: ............................................................................................................................................ 14
References............................................................................................................................................. 16
 THE EMERGING ISSUE OF DEEPFAKE IN PRESENT-DAY
INDIAN SCENARIO: A LEGAL STUDY

“Technology is a useful servant but a dangerous master”

-Christian Louis Lange1

Introduction:
With the emergence of AI, the present-day world is shifting to a new paradigm2. AI, in its
application in every sphere of life, is on the rise. AI, with its luxury, has its own demerit.
A deepfake, in layman’s language, can be defined as when there is deep faking of someone’s
identity by using multiple tools like Photoshop. The meaning of deepfake can be derived
from the term itself- ‘Deep’ is Deep learning, and ‘fake’ is faking it out. Deepfakes uses facial
mapping technology and AI that swaps a person's face on a video with another person's face.
‘Deepfake’ is such an example; deepfakes are synthetic, rather fake, media that have been
digitally manipulated to replace the likeness of one person convincingly with that of another.
They are a result of deep generative methods. This digitally advanced technology can
successfully mimic individuals in videos, giving rise to concerns about the spread of
deceptive content. Deepfake involves the analysis of a number of data samples to mimic a
person’s mannerisms, facial expressions, voice, and inflections by deep learning algorithms
known as generative adversarial networks (GANs) that either swap faces or use lip-syncs to
create altogether a new video that is unreal.3
‘Seeing is believing’ is an old saying, but with deepfakes, one can no longer believe
what they are viewing. This is why deepfakes pose a threat to individual privacy as well as to
society. They are cheap to create and, upon misuse, have the potential to influence voters,
manipulate masses to result in communal unrest, and cause invasions of privacy, to name just
a few issues with them. Deepfakes gained publicity in 2017 when a Reddit user posted fake
porn videos displaying famous celebrities using existing celebrity video footage and artificial
intelligence algorithms.

1
Dr. Christian Louis Lange who put forward in his Noble Peace Prize acceptance speech in 1921 that
“Technology is a useful servant but a dangerous master”, regarding the development of technology in the 20th
century.
2
Mmeans- framework.
3
Mika Westerlund, The Emergence of Deepfake Technology: A Review, 9(11) Technology Innovation
Management Review, 39, 40 (2019).
2
Advantages & Disadvantages

Advantage:
Generating live-action animation and interactive simulation,4 recreating classic scenes in
movies, creating new movies starring long-dead actors, making use of special effects and
advanced face editing in post-production, improving amateur videos to professional quality in
movies,5 transforming e-commerce by turning consumers themselves into models for
improving sale,6 and there can be various other additions to this list.

Disadvantage:
However, we cannot ignore that there are more misgivings than credence to the use of
deepfakes. With the scope and scale of the technology, it is easy to fabricate videos that are
imperceptible from original media and is likely to be:-
It may be used for revenge porn, false evidence, manipulating public opinion for
political campaigns, sabotaging markets, blackmailing, spawning terrorist propaganda, and
many more crimes. Distortion of authentic audio or video footage by miscreants on digital
platforms is blurring truth and will increase distrust among internet users and, more so,
increase hate and prejudice.7

4
James Kobielus, Deepfake Technology Loses its Stigma Amid Socially Redeeming Uses,
Futurum, 05/03/2020, available at: https://futurumresearch.com/research-notes/deepfake-technology-
ecosystem/
5
John Brandon, Terrifying high-tech porn: Creepy ‘deepfake’ videos are on the rise, Fox News,
16/02/2018, available at: https://www.foxnews.com/tech/terrifying-high-tech-porn-creepy-deepfake-
videos-are-on-the-rise
6
Katie Baron, Digital Doubles: The Deepfake Tech Nourishing New Wave Retail, Forbes,
29/07/2019, available at: https://www.forbes.com/sites/katiebaron/2019/07/29/digital-doubles-the-
deepfake-tech-nourishing-new-wave-retail/#10a3cc604cc7,
7
Mark Verstraete & Derek E Bambauer, Ecosystem of Distrust, 16 First Amendment Law Review
129, 144
3
In the recent time, a video of Rashmika Mandanna, which was later proven to be deepfaked8,
had been circulating. The video caused immense humiliation to the actress, who later on went
to Instagram to express her displeasure. In the video, the face of a British-Indian influencer
woman in a black workout dress was edited and replaced with that of the Bollywood actor.

After the incident, the Delhi Police filed a case in the matter under sections 465 (forgery) and
469 (harming reputation) of the Indian Penal Code, 1860, and sections 66C (identity theft)
and 66E (privacy violation) of the Information Technology Act, 2000.

Sachin Tendulkar recently shared a deepfake video where he can be seen promoting a
gaming application and even claiming that his daughter Sara Tendulkar is making good
money after playing games on the mobile application.

In March 2022, a video message of Ukrainian President, Volodymyr Zelenskky

surfaced on social media platforms wherein the President is seen imploring Ukrainians to lay
down their arms and surrender. As a result, the President’s office immediately disavowed the
authenticity of the video and noted it to be a deepfake. The video was the first high-profile
use of deepfake during an armed conflict and marked a turning point of information
operations.

8
went viral on social media in November 2023

4
Legal provisions against the deepfake media in
India:
Before starting this chapter of provisions lets thing that, there is a girl who has been raped,
and the person responsible is a boy, may commit this crime. In such a scenario, the question
arises: how can she attain justice, and when will the boy face punishment? This raises two
crucial questions: under which law will he be punished, and how can the girl secure justice?
Surprisingly, the answer to both questions is the same. Just as in the case of a girl who has
been raped, if someone creates a deepfake video, the legal framework under which they may
be punished is the same and ensuring justice for the victim of the deepfake video follows the
same legal principles.9

In India, there is no rule or regulation that directly or specifically deals with

deepfakes. However, to address the offense of misuse or abuse of deepfake technology,
several causes of action exist in our current laws that may be applicable or can be extended to
be applicable. The following is the summary of the provisions in the current laws in India:

10

9
Learn from Ankita Rani Mishra. LL.M P.G Dept of Law, Sambalpur Unoversity
10
Image source- https://www.scconline.com/blog/post/2023/03/17/emerging-technologies-and-law-legal-status-
of-tackling-crimes-relating-to-deepfakes-in-india/

5
Identity theft and cheating by personation — Identity theft and virtual forgery
using deepfakes can be serious offenses and can have significant consequences for
individuals and society as a whole. The use of deepfakes to steal someone’s identity, create
false representations of individuals, or manipulate public opinion can cause harm to an
individual’s reputation and credibility and can spread misinformation. These crimes can be
prosecuted under -
➢ Section 66 (computer-related offenses) and Section 66-C (punishment for identity
theft) of the Information Technology Act, 2000. Also,
➢ Section 66D of the IT Act prescribes punishment for ‘cheating by personation by
using computer resource’ and provides that any person who by means of any
communication device or computer resource cheats by personation shall be punished
with imprisonment of either description for a term which may extend to 3 years and
shall also be liable to fine which may extend to Rs. 1,00,000
➢ If the deepfake video involves the use of the electronic signature, password, or any
other unique identification feature of any other person in a fraudulent or dishonest
manner, the accused person shall be punished for the offense of identity theft under
Section 66C of the IT Act.11
➢ Section 419 of the IPC also prescribes punishment for ‘cheating by personation’ and
provides that any person who cheats by personation shall be punished with
imprisonment of either description for a term which may extend to 3 (three) years or
with a fine or with both. A person is said to be guilty of ‘cheating by personation’ if
such person cheats by pretending to be some other person, or by knowingly
substituting one person for another, or representing that he or any other person is a
person other than he or such other person really is.

Forgery- According to section 463 of The Indian Penal Code, 1860, making a false
document or electronic record for the purpose of causing injury or damages is called forgery.
➢ Section 468 of the Indian Penal Code, 1860, states the provision where a forged
document is represented as genuine with the intent of cheating.
➢ Deepfakes can also be regulated by section 469 of the Indian Penal Code, 1860, as it
provides the framework and punishment when a forged document is used to harm
one’s reputation.

11
Section 66C, Information and Technology Act, 2000.

6
 ➢ Originators and promoters of the deepfakes can be regulated and punished under
section 471 of The Indian Penal Code, 1860, as the section provides the punishment in
cases where a person has knowledge/ reason to believe that the said document is
forged and still moves forward to use it in a dishonest manner.

Hate speech and online defamation. —Hate speech and online defamation using
deepfakes can be serious issues that can harm individuals and society as a whole. The use of
deepfakes to spread hate speech or defamatory content can cause significant harm to the
reputation and well-being of individuals and can contribute to a toxic online environment.
These crimes can be prosecuted under the Information Technology (Intermediary Guidelines
and Digital Media Ethics Code) Amendment Rules, 2022 of the Information Technology Act,
2000. Also, Sections 153-B (Speech affecting public tranquility) and Section 499
(defamation) of the Penal Code, 1860 could be invoked.

Violation of privacy. – (Privacy is the fundamental right that empowers individuals to

maintain control over their personal information, decisions, and private spaces, preserving
their autonomy and protecting their inherent dignity.)12
The right to privacy is a fundamental right of every citizen that emanates from Article 21
under Part III of the Constitution of India, 1950. The nine-judge bench of the Supreme Court
of India in Justice K.S. Puttaswamy v. Union of India13 recognized that in the Indian context,
a fundamental right to privacy would cover ‘informational privacy,’ which recognizes that an
individual may have control over the dissemination of material that is personal to him and
digital privacy is a part of informational privacy.14 Therefore, using personal information like
pictures or audio-video clips in deepfake videos without that individual's consent is a
violation of the fundamental right to privacy.
the Supreme Court in Indian Hotel and Restaurant Association (AHAR) v. The State
of Maharashtra considered the data stored in CCTV footage to be the person's personal
information. The court held that “complete surveillance of activities through CCTV cameras
inside the premises of dance bars is excessive and disproportionate. The monitoring,
recording, storage, and retention of dance performances cause unwarranted invasion of

12
Learn this particular line from Dr. Prayas Dansana (via chatgpt), Assistant Prof. P.G dept of Law, Sambalpur
University
13
(2017) 10 S.C.C. 1.
14
Justice K. S. Puttaswamy v. Union of India, (2017) 10 S.C.C. 1

7
privacy and would even subject women bar dancers to threat and blackmail”. As the CCTV
footage provides a strong source for identifying an individual, it becomes part of his
information, which attracts the right to privacy.

The Information Technology Act and its rules provide specific protections for an individual's
privacy, including the right to data privacy. If a deepfake video violates an individual's
privacy by using their likeness without consent, the victim can potentially file a complaint
under this law.
Further, Section 66E of the Information Technology Act, 2000 (IT Act) prescribes
punishment for violation of privacy if the accused person intentionally or knowingly
captures, publishes, or transmits the image of a private area of any person without his or her
consent, with imprisonment extending to three years or with fine not exceeding two lakh
rupees, or with both.
Section 509 of the IPC provides that if any person intending to insult the modesty of any
woman, utters any word, makes any sound or gesture, or exhibits any object, intending that
such word or sound shall be heard, or that such gesture or object shall be seen, by such
woman, or intrudes upon the privacy of such woman, such person shall be punished with
simple imprisonment for a term which may extend to 1 (one) year, or with fine, or with both.
Unlike section 66E of the IT Act which applies to victims of both genders, section 509
of the IPC applies only if the victim is a woman.

Cyber Crime- The Information Technology Act and its associated rules encompass a wide
spectrum of cybercrimes, including unauthorized access, data theft, and cyberbullying.
In cases where deepfake videos are produced through illicit methods like hacking or data
theft, victims have recourse under this law. They can file complaints, as these actions often
involve unauthorized access to computer resources and may constitute a breach of sensitive
personal data protection. The Act provides a legal framework to address such offenses and
seeks redressal.
The misuse or abuse of deepfakes attracts computer-related offences under the IT Act, 2000

8
 Obscenity- Sections 67, 67A and 67B of the IT Act prescribe punishment for publishing
or transmitting, in electronic form: (i) obscene material; (ii) material containing sexually
explicit act, etc.; and (iii) material depicting children in sexually explicit act, etc. respectively.
The punishment prescribed for an offense under section 67 of the IT Act is, on the
first conviction, imprisonment of either description for a term which may extend to 3 years,
to be accompanied by a fine which may extend to Rs. 5,00,000 and in the event of a second
or subsequent conviction, imprisonment of either description for a term which may extend to
5 years, to be accompanied by a fine which may extend to Rs. 10,00,000.
The punishment prescribed for offenses under sections 67A and 67B of the IT Act is
on first conviction, imprisonment of either description for a term which may extend to 5
years, to be accompanied by a fine which may extend to Rs. 10,00,000 nd in the event of
second or subsequent conviction, imprisonment of either description for a term which may
extend to years and also with fine which may extend to Rs. 10,00,000.

➢ Additionally, under section 69A IT Act, 2000- the Central Government has the power to
direct the intermediary to block for access by the public any such deepfake generated,
transmitted, received, stored or hosted in any computer resource if it finds necessary or
expedient to do so, in the interest of sovereignty and integrity of India, defense of India,
security of the State, friendly relations with foreign States or public order or for preventing
incitement to the commission of any cognizable offense relating to above.15

Earlier cyber defamation was specifically addressed under Section 66A of IT Act. The
provision prescribed punishment for sending any information by computer resource that is
grossly offensive or has a menacing character or is for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill
will.16 But this provision was struck down by the Supreme Court in Shreya Singhal v. Union
of India.17

15
Section 69A, Information and Technology Act, 2000.
16
Section 66A, Information and Technology Act, 2000.
17
A.I.R. 2015 S.C. 1523.

9
• Defamation- The Indian Penal Code (IPC) contains provisions for defamation (Sections
499 and 500). If a deepfake video is created with the intent of harming a person's reputation
by spreading false information, the affected individual can file a defamation suit against the
creator.
However, the law of defamation also presents unique challenges and considerations
when it comes to deep fake videos, which are manipulated or fabricated videos that often
appear realistic.
Deepfake videos can be used to create false scenarios or statements that appear to be
made by the subject, even if they never actually said or did the things portrayed in the video.
In such cases, the affected party may have grounds to pursue a defamation lawsuit if certain
elements are met. Notably, to establish defamation in the context of deepfake videos, the
following elements generally need to be proven:
1 Falsity: The video must contain false information or portray the subject in a false light.
2. Publication: The video must be shown to a third party or made public in some way.
3. Harm: The subject must suffer harm to their reputation as a result of the false video.
4. Fault: In some cases, the plaintiff may need to prove that the video's creator acted
negligently or with actual malice.

• Consumer Protection Laws- If the creation or distribution of deepfake content is used

for fraudulent purposes that harm consumers, then the affected individuals can seek relief
under consumer protection laws, such as the Consumer Protection Act, of 2019. This law
aims to protect the rights and interests of consumers and can be used in cases of fraud or
misrepresentation.
• The Personal Data Protection Bill 2019 - Provides for the protection of individuals'
personal data, including data relating to a natural person who is directly or indirectly
identifiable. The bill places restrictions on the processing of data except for a lawful purpose.
The state, company or individual in charge of processing personal data is under an obligation
to make sure that the processed data is not misleading. It also lays down penalties in the case
of contravention of its provisions, and S.20 provides for the right to be forgotten so that the
circulation of an individual's personal data can be stopped. This bill also has extraterritorial
applicability in case the creator of such videos is situated outside India. Therefore, it can be
concluded that once this bill has been passed, it shall impliedly prohibit the usage and
circulation of deepfake videos.

10
• Onus on social media platforms- Even under the Information Technology
Intermediary Rules 2021, Rule 3(1)(b)(vii) provides that social media intermediaries shall
observe due diligence including ensuring the rules and regulations, privacy policy or user
agreement of the intermediary to inform users not to host any content that impersonates
another person.
Under this provision, the onus is on social media platforms, which act like intermediaries
under IT Rules, to ensure that the privacy of a person is protected.
Additionally, Rule 3(2)(b) states that an Intermediary shall, within 24 hours from the receipt
of a complaint about any such content that falls in nature of impersonation on an electronic
form, including artificially morphed images of an individual, shall take all measures to
remove or disable access to such content.

Conflict between the IPC and the IT Act:

In the case of Sharat Babu Digumarti v. Government of NCT of Delhi18, the conflict between
provisions of the IPC and the IT Act came to the fore.
section 81 of the IT Act states that the provisions of the IT Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time being
in force.

Other countries regulations:

• Deepfakes have also challenged legal systems across the world that are trying to keep
themselves abreast of this rapidly evolving technology. In the USA, the Deepfakes
Accountability Act (passed in 2019), mandated deepfakes to be watermarked for the purpose
of identification.19
• Virginia has also amended its law banning nonconsensual pornography from including
deepfakes.20
• The European Union has enforced Digital Services Act which obligates social media
platforms to adhere to labelling obligations, enhancing transparency and aiding users in
determining authenticity of media21

18
AIR 2017 SC150
19
H.R.3230-Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to
Accountability Act of 2019, available at: https://www.congress.gov/bill/116th-congress/house-bill/3230/text.
20
Code of Virginia, Section 18.2-386.2.
21
https://www.openaccessgovernment.org/uk-considers-clear-labeling-law-combat-ai-deepfakes/161861/

11
• In January 2023, China, the Cyberspace Administration of China and the Ministry of
Industry and Information Technology and the Ministry of Public Security, stressed have that
the deepfakes must be clearly labeled in order to prevent public confusion22.
• The United States has advocated the Department of Homeland Security (DHS) to establish a
task force to address digital content forgeries, also known as "deepfakes."

Suggestions:
Deepfake is not mention or defined in any act or law then how it can be a offence?
Marital rape is not considered as a rape, but legal proponents now argue that it should be
recognized as such. Although marital rape is not universally acknowledged, the crime of rape
exists. Similarly, cybercrime is present, but the existence of deepfake technology does not
mean it's absent. It currently resides in a gray zone, and I am working to bring to light what is
hidden about this. While it is a trending topic, comprehensive legal intervention has not
occurred yet

1. The government should set up a body that can monitor deepfakes using blockchain
technology. Blockchains store blocks of data on a decentralized network where
anyone can verify the originality of the information by matching it with the distinct,
non-invertible key. Even the slightest manipulation of the data will result in a
mismatch.

2. As discussed above, Data Protection Bill (upon becoming an Act) shall provide
safeguards to individuals whose privacy has been infringed because of deepfake
videos. However, the Bill shall only be able to penalize those creators of deepfakes,
whose identity is known. It is not necessary that such creator shall be known in all
scenarios, especially in the case of revenge porn and other acts done with malicious
intent.

22
https://www.globaltimes.cn/page/202301/1283499.shtml

12
 3. Further, the Government and other regulatory bodies should take steps that ensure that
videos circulated in the public domain are authentic. For example, the Election
Commission should make it mandatory for all political parties to use Digital Signature
as defined under section 3 of the IT Act on any video they use for campaigning. This
shall ensure that authentic videos are being circulated in the public domain.

4. The Government has to set up deepfake detection mechanisms for such prohibition to
be effective. Till the time there is no flawless mechanism for detection of deepfakes,
the Government can instruct these intermediaries to inform them as soon as there is a
video uploaded on their platform that has contents capable of causing unrest in the
society so that it can be stopped from further circulation till it is verified whether it is
deepfake or not.

5. Further, in personal data protection bill currently, there are no provisions related to
the protection of data of deceased persons. Such provisions are important because
there is a possibility that deepfake videos of spiritual leaders, political leaders, or
public figures who have died under mysterious circumstances have been made in
order to manipulate the masses. This could also be detrimental to the system of
electronic evidence in criminal trials as deepfake videos of deceased persons can be
made and presented to sabotage the trial. Thus, there is a need to incorporate
provisions under the Bill which extend the protection of personal data of deceased
persons after their death. Such similar provisions exist under S.25 of The Privacy
Act of Hungary. Further, the Spanish Data Protection Act (Organic Law 3/2018) gives
rights to heirs of the deceased to erase or rectify data unless the deceased person
would have prohibited it.

Deepfakes have challenged the legal system across the world. The increasing use of
deepfakes, especially in fake pornographic videos and political campaigns, raises concerns
over the privacy, identity, and security of the victim as well as the reality and authenticity of
elections. The viable solution to this cyber threat is a combination of technology and
legislation. :-

13
 In order to stop the evil flow of deepfakes on social media, YouTube,23 TikTok,24 and
Facebook Inc.25 released statements that they will remove manipulated videos that may pose
a serious risk of egregious harm or are misleading.
Recently, Twitter announced that it would label ‘false’ any photos or videos that have
been significantly and deceptively altered or fabricated, adding that the content could be
removed if the text in the tweet or other contextual signals suggested it was likely to cause
harm.26

Conclusion:
Technology is developing day by day. Law is not as fast as technology and the
present laws in India might not be sufficient to address the deepfake issues using
technological algorithms. But society has a lot to do to help curb the spread of malicious
content. We need to educate ourselves and spread awareness regarding deepfakes and the
manipulations and issues it can cause. It is required to teach the younger generation not to
share such videos that are degrading in any manner. The government should adopt new
methods to tackle this issue effectively by developing artificial intelligence algorithms to
identify and block deepfakes which can be used not only in government platforms but
everywhere.
So, what is the current stance of the court on issues related to deepfake?
When an offense extends over 4 or 5 years or has a long-term impact, assessing the
case becomes challenging. Recent cases, like the Rashmika Madana case, and others, add
complexity to the evaluation. Considering these, making an impact assessment becomes
complicated. There are multiple interpretations, and the meaning of deepfake may differ for
various individuals, but what is the precedent? Just because it has no definition right now, it

23
Matt O’Brien, YouTube: No ‘deepfakes’ or ‘birther’ videos allowed in 2020 election, Press Herald,
03/02/2020, available at: https://www.pressherald.com/2020/02/03/youtube-no-deepfakes-or-birther-videos-
allowed-in-2020-election/
24
Peter Suciu, TikTok’s Deepfakes Just The Latest Security Issue For The Video Sharing App, Forbes,
07/01/2020, available at: https://www.forbes.com/sites/petersuciu/2020/01/07/tiktoks-deepfakes-just-the-latest-
security-issue-for-the-video-sharing-app/#12bc287f70a2,
25
Tony Romm, Drew Harwell & Isaac Stanley-Becker, Facebook bans deepfakes, but new policy may not cover
controversial Pelosi video, The Washington Post, 08/01/2020, available
at: https://www.washingtonpost.com/technology/2020/01/06/facebook-ban-deepfakes-sources-say-new-policy-
may-not-cover-controversial-pelosi-video/,
26
Katie Paul, Twitter to label deepfakes and other deceptive media, Thomson Reuters, 05/02/2020, available
at: https://in.reuters.com/article/us-twitter-security/twitter-to-label-deepfakes-and-other-deceptive-media-
idINKBN1ZY2OV,

14
will be interpreted through various terms; if we go to the literal meaning, then where can we
find it? From constitution I guess! Article 21 of the Indian constitution says No person shall
be deprived from his life or personal liberty except according to a procedure established by
law. Here life includes living with choice and dignity, so here what people’s dignity27 is
hampering means a way of living is hampering. 28
The main defense used by people in support of the deepfakes is that every
individual has the Right to Free Speech and Expression under Article 19 of the Indian
Constitution. But what we need to understand on this front is that our right to free speech
ends where another person’s right to privacy begins. We should understand that our actions
should not disturb another person’s enjoyment of rights. It is not wrong to criticize the acts
and policies of the government. The right to peaceful dissent is a fundamental right of every
person under Article 19 of the Constitution. But this cannot be used to justify the creation and
spread of deepfakes that have the potential to manipulate people and instigate hate and
disaffection in the minds of people. Hence, to address this issue, the state and its citizens
should do their duty toward the welfare of the public.

27
Privacy is the fundamental right that empowers individuals to preserve their autonomy and protect their
inherent dignity.
28
Learn from Anshuman Panda. Research scholar. P.G dept of Law, Sambalpur university

15
References
1. Mika Westerlund, The Emergence of Deepfake Technology: A Review, 9(11)
Technology Innovation Management Review, 39, 40 (2019).
2. https://futurumresearch.com/research-notes/deepfake-technology-ecosystem/
3. https://www.foxnews.com/tech/terrifying-high-tech-porn-creepy-deepfake-videos-are-
on-the-rise
4. https://www.forbes.com/sites/katiebaron/2019/07/29/digital-doubles-the-deepfake-
tech-nourishing-new-wave-retail/#10a3cc604cc7,
5. Mark Verstraete & Derek E Bambauer, Ecosystem of Distrust, 16 First Amendment
Law Review 129, 144
6. Justice K. S. Puttaswamy v. Union of India, (2017) 10 S.C.C.
7. https://www.congress.gov/bill/116th-congress/house-bill/3230/text.
8. https://www.openaccessgovernment.org/uk-considers-clear-labeling-law-combat-ai-
deepfakes/161861/
9. https://www.globaltimes.cn/page/202301/1283499.shtml
10. : https://www.pressherald.com/2020/02/03/youtube-no-deepfakes-or-birther-videos-
allowed-in-2020-election/
11. https://www.forbes.com/sites/petersuciu/2020/01/07/tiktoks-deepfakes-just-the-latest-
security-issue-for-the-video-sharing-app/#12bc287f70a2,
12. https://www.washingtonpost.com/technology/2020/01/06/facebook-ban-deepfakes-
sources-say-new-policy-may-not-cover-controversial-pelosi-video/,
13. https://in.reuters.com/article/us-twitter-security/twitter-to-label-deepfakes-and-other-
deceptive-media-idINKBN1ZY2OV,

Srinath Kumar Pradhan

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