HC raises alarm over deepfake tech, directs govt to look into implications

HC raises alarm over deepfake tech, directs govt to look into implications

The bench expressed alarm over the pervasive nature of deepfakes, noting that even what one perceives through their own eyes and ears could no longer be trusted.
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NEW DELHI: The Delhi High Court on Wednesday voiced grave concerns about the unregulated proliferation of deepfakes on the internet, stressing the urgent need for governmental intervention to curb their spread. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela highlighted the growing difficulty in distinguishing reality from manipulated content, labeling the situation as “truly shocking.”

The bench expressed alarm over the pervasive nature of deepfakes, noting that even what one perceives through their own eyes and ears could no longer be trusted. “Today, what I am seeing through my eyes and hearing through my ears; I can’t believe. Everything that you are seeing or hearing is fake. It can’t be,” the bench observed, underscoring the crisis of trust brought about by these digital fabrications. The case has been slated for hearing in October.

During the proceedings on Wednesday, the court questioned whether platforms generating deepfake content could be classified as intermediaries under existing information technology laws, indicating that current regulations might not sufficiently address the challenges posed by such advanced technologies.

Acting Chief Justice Manmohan directed the Centre to proactively address the issue, warning that deepfakes could become a significant threat to society if left unchecked.

The court’s remarks came while hearing petitions from journalist Rajat Sharma and advocate Chaitanya Rohilla, both of whom called for stricter oversight and regulation of deepfake technologies.

Representing the Centre, Additional Solicitor General Chetan Sharma acknowledged the severity of the issue, describing deepfakes as a “malaise” that requires a technological solution. He suggested that the only effective counter to AI (artificial intelligence)-generated fake content would be development of advanced counter-technologies.

The bench reviewed the government’s response to the case and instructed the petitioners to submit suggestions on regulating deepfakes. The court also advised them to examine international approaches, such as those adopted by the European Union, United States, and specific state-level legislation like the Elvis Act in Tennessee, and to file an affidavit.

Centre suggests measures

Representing the Centre, ASG Chetan Sharma acknowledged deepfakes as a “malaise” that requires a technological solution. He suggested that the effective counter to AI-generated fake content would be development of advanced counter-technologies.

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