Deepfake
What’s in the news?
- In its first formal response to the use of deepfakes in this election season, the Election Commission of India (ECI) has directed political parties to not share such content on social media and, if they come to know of such content, to take it down within three hours, and “warn” the person in the party who had shared it.
What is deepfake?
- Deepfakes are digital media (video, audio, and images) edited and manipulated using Artificial Intelligence (AI).
- Deepfakes often transform existing source content where one person is swapped for another. They also create entirely original content where someone is represented doing or saying something they didn’t do or say.
- Since they incorporate hyper-realistic digital falsification, they can potentially be used to damage reputations, fabricate evidence, and undermine trust in democratic institutions.
Existing laws
- India lacks specific laws to address deepfakes and AI-related crimes, but provisions under a plethora of legislations could offer both civil and criminal relief.
- Section 66E of the Information Technology Act, 2000 (IT Act) is applicable in cases of deepfake crimes that involve the capture, publication, or transmission of a person’s images in mass media thereby violating their privacy.
- Sections 67, 67A, and 67B of the IT Act can be used to prosecute individuals for publishing or transmitting deepfakes that are obscene.
- Provisions of the Indian Penal Code, 1860, can also be resorted to for cybercrimes associated with deepfakes.
Election Commission of India on Deepfake
- Flagging Erosion of Trust: The ECI said the use of manipulated, distorted, edited content on social media platforms has the potential to wrongfully sway voter opinions, deepen societal divisions, and erode trust in electioneering process by attacking laid out instrumentalities of the electoral steps in terms of means and material.
- Protection of Women: The ECI asked parties to not share on social media content that included impersonation of another person, including political parties or their representatives, and to not post or promote content that was derogatory to women or repugnant to the honour and dignity of women.
- Reporting of Fakes: Parties have been asked to report unlawful information and fake user accounts that look like their official handles on social media platforms.
- Grievances Committee: In case of continued presence of such unlawful information or fake user account after reporting to social media platforms, parties have been asked to approach the Grievance Appellate Committee under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- Three-hour Deadline: The ECI has directed that whenever such deepfake audios/ videos come to the notice of political parties, they shall immediately take down the post but maximum within a period of 3 hours and also identify and warn the responsible person within the party.
What remains unclear?
- Uncertain Language: It is unclear what the Commission means by saying that parties should take down deepfakes when it comes to their notice when it is the parties’ official handles themselves that are sharing the content.
- Whatsapp not included: The ECI’s letter covers content shared on social media platforms such as Facebook, X, and Instagram, but it is unclear what is being done about deepfake-led disinformation being circulated on secure messaging platforms like WhatsApp. The encryption security of such platforms prevents anyone from knowing the texts, images, and videos being shared, which makes it difficult to assess the total quantum of misinformation/ disinformation.
- Direct AI-Based Calls: Parties have been using AI-based real-time calls to voters. These calls happen outside the purview of social media platforms, but can be potentially weaponised by parties or candidates. The ECI’s letter does not deal with this aspect.
Sources
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