Information and Its Legal Consequences in the World of Deepfakes.

Abstract

The emergence of deepfake technology hyper‑realistic synthetic media generated through artificial intelligence represents a paradigmatic shift in the nature of digital harm. Unlike conventional cyber threats that involve unauthorised access or dissemination of existing data, deepfakes enable the fabrication of synthetic identities through the manipulation of biometric and expressive attributes, moving from informational harm to reconstructive harm. This paper examines the interface between deepfake technology and the Indian legal framework. Adopting a doctrinal and empirical methodology, the paper analyses the adequacy of existing statutory mechanisms, including the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and the Digital Personal Data Protection Act, 2023, and explores the constitutional dimensions of deepfake‑related harms under Article 21 of the Constitution of India. The paper further presents empirical findings from a survey of 103 respondents, revealing that while public exposure to deepfakes is high (74–76%), legal awareness remains critically low (75–78% unaware of any laws), and a significant gap exists between exposure and detection capability. The paper argues that deepfakes necessitate a fundamental reorientation of legal thought moving beyond traditional notions of privacy and defamation towards a more expansive doctrine of Digital Personhood. It proposes a comprehensive regulatory framework that integrates technological accountability, platform responsibility, and constitutional safeguards, including mandatory labelling, time‑bound takedown obligations, and a statutory recognition of the right to digital identity.