Deepfake Going To Be Serious Menace In Society, Antidote Of Fake AI Would Be Technology Only: Delhi High Court

The Delhi High Court on Wednesday remarked that deepfake is going to be a serious menace in the society and that the Union Government will have to act on the issue.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said that the antidote for fake artificial intelligence (AI) would be technology only.

The court was hearing two pleas filed against non-regulation of deepfake technology. One of the petitions was moved by senior journalist Rajat Sharma whereas the other plea was filed by Advocate Chaitanya Rohilla.

During the hearing today, Rohilla's counsel informed court that the Union Government in its response took a stand that the Information Technology Act and the Data Protection Act are sufficient to deal with deepfake technology.

To this, the court orally remarked that the issue of deepfake is not confined only to India but is happening all across the world. The court also said that some countries like the United States have come up with legislations to deal with the issue.

Rajat Sharma's counsel then told court that the European Union has also come up with certain Regulations to tackle the issue but deepfake technology has to be treated different than AI.

The counsel further pointed out that the journalist's photo was used by someone using deepfake technology showing him selling medicines on India TV news channel.

ACJ Manmohan remarked that just before the elections, a large number of PILs were filed against the use of deepfake technology.

“Just before the elections and after elections… You were so agitated then….Now your counsel is saying that we have taken care of everything,” ACJ told ASG Chetan Sharma.

“Our body language might have changed but we are still agitated as much we were then,” Sharma responded.

ACJ Manmohan then said: “Understand the damage that will be done by this technology because you are the government. We as an institution would have certain limitations. How it works nationally and internationally.”

To this, ASG responded that counter AI technology can be employed to annul “what would be otherwise a very damaging situation.”

“The point is, one is detection, then prevention, building a grievance reporting mechanism and raising awareness. As a first start, there could be a disclaimer on platforms…,” he said.

The bench remarked that most of the platforms are situated outside India and asked as to how Indian law will be applicable on them.

“This (deepfake technology) is going to be a serious menace in the society. You have to act on the issue,” ACJ told ASG.

Rohilla's counsel told court that when his plea was filed last year, the menace of deepfake technology was not that much as it is today.

ASG Chetan Sharma responded that a counter technology will have to be employed to counter the misuse.

He said that laws and advisories by the Union Government will go a distance but they cannot go the whole distance.

“You're right. The antidote for fake AI would be technology only..,” ACJ remarked.

The court then asked the petitioners' counsels to file an additional affidavit containing their suggestions on how to tackle misuse of deepfake technology within two weeks.

The matter will now be heard on October 08.

Rohilla in his plea has sought a direction on the Union Government to identify and block websites providing access to deepfakes and AI and also to lay down guidelines for regulation of the same.

The plea also seeks a direction to ensure fair implementation of AI and for issuing guidelines for AI and deepfake access, in strict accordance with the fundamental rights enshrined in the Constitution of India.

Journalist Rajat Sharma's plea states that the proliferation of deepfake technology poses significant threats to various aspects of society, including misinformation and disinformation campaigns, undermining integrity of public discourse and democratic processes, potential use in fraud and identity theft as well as harm to individuals' reputations and privacy.

The PIL seeks a direction on the Union Government to identify and block public access to the applications, software, platforms and websites enabling the creation of deepfakes.

It also seeks issuance of guidelines to ensure that any access to Artificial Intelligence and deepfakes is carried out strictly in accordance with the Fundamental Rights guaranteed in Part-III of the Constitution till relevant Rules are framed by Centre.

Title: Rajat Sharma v. Union of India and other connected matter