The Delhi High Court emphasized the urgent need to control and regulate the spread of deepfakes on the internet, highlighting the growing threat they pose to the authenticity of information. The remarks were made on Wednesday by a Division Bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela.
“Today, what you are seeing and hearing you can’t believe. What I am seeing through my eyes and hearing through my ears, I can’t believe. This is something which is truly shocking. Everything that you are seeing or hearing is fake. It can’t be,” the Bench stated, underlining the pervasive mistrust deepfakes have introduced into society.
Deepfakes, AI-generated media that superimpose one person’s likeness onto another’s, have become increasingly sophisticated, making it difficult to distinguish between real and manipulated content. This technology has been used for various malicious purposes, including spreading misinformation, defamation, and fraud.
Acting Chief Justice Manmohan warned that deepfakes could become a significant societal threat if not regulated promptly. The Bench also noted the potential complications of categorizing deepfake-generating platforms as intermediaries under existing information technology laws, suggesting a need for more tailored legislation.
Addressing the Central government, Acting Chief Justice Manmohan urged immediate action to regulate deepfakes. “Deepfakes are going to be a menace to society, and the government must start working to regulate them,” he said.*
Additional Solicitor General (ASG) Chetan Sharma, representing the Central government, acknowledged the severity of the issue, describing it as a “malaise.” He further noted that the solution might lie in developing counter-technologies to combat the rise of AI-generated fakes.
The Court’s observations came during the hearing of two petitions filed by journalist Rajat Sharma and advocate Chaitanya Rohilla, who are seeking regulatory measures against deepfakes. The Court reviewed the Central government’s response to the petitions and invited suggestions from the petitioners on potential regulatory frameworks.
The Court recommended that the petitioners examine laws introduced by the European Union and the United States, as well as specific legislation like the Elvis Act of the State of Tennessee, which addresses the unauthorized use of a person’s likeness. The petitioners were asked to file an affidavit detailing their findings and suggestions.
