Regulating deepfakes and generative AI in India | Explained - https://www.thehindu.com/news/national/regulating-deepfakes-generative-ai-in-india-explained/article67591640.ece, For the best experience read this on The Hindu App. https://bit.ly/THNewsApp
The Hindu
Regulating deepfakes and generative AI in India | Explained
The Hindu decodes whether existing laws in India are adequate to deal with deepfakes and what should be the regulatory response as per experts
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Regulating deepfakes and generative AI in India | Explained - https://www.thehindu.com/news/national/regulating-deepfakes-generative-ai-in-india-explained/article67591640.ece, For the best experience read this on The Hindu App. https://bit.ly/THNewsApp
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Pointing out a lacuna in the existing IT Rules, she says that it only addresses instances whewherein the illegal content has already been uploaded and the resultant harm has been suffered ; instead, there has to be more focus on preventive measures, for instance, making users aware that they are looking at a morphed image.
Agreeing that there is a need to revamp the existing laws, Mr. Gupta points out that the current regulations only focus on either online takedowns in the form of censorship or criminal prosecution but lack a deeper understanding of how generative AI technology works and the wide range of harm that it can cause.
π¨ββοΈποΈCurrent Regulationsβ
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. For instance, 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 personβs images in mass media thereby violating their privacy. Such an offence is punishable with up to three years of imprisonment or a fine of βΉ2 lakh. Similarly, Section 66D of the IT Act punishes individuals who use communication devices or computer resources with malicious intent, leading to impersonation or cheating. An offence under this provision carries a penalty of up to three years imprisonment and/or a fine of βΉ1 lakh.
Further, Sections 67, 67A, and 67B of the IT Act can be used to prosecute individuals for publishing or transmitting deepfakes that are obscene or contain any sexually explicit acts. β‘The IT Rules, also prohibit hosting βany content that impersonates another personβ and require social media platforms to quickly take down βartificially morphed imagesβ of individuals when alerted. In case they fail to take down such content, they risk losing the βsafe harbourβ protection β a provision that protects social media companies from regulatory liability for third-party content shared by users on their platforms.
β‘Provisions of the Indian Penal Code, 1860, (IPC) can also be resorted to for cybercrimes associated with deepfakes β Sections 509 (words, gestures, or acts intended to insult the modesty of a woman), 499 (criminal defamation), and 153 (a) and (b) (spreading hate on communal lines) among others. The Delhi Police Special Cell has reportedly registered an FIR against unknown persons by invoking Sections 465 (forgery) and 469 (forgery to harm the reputation of a party) in the Mandanna case.
π Opinion- A robust mechanism for comprehensive regulation for prevention of these crimes and enforcement mechanism is need to tackle AI based crimes..
@CurrentLegalGK
Where Are we lacking?Pointing out a lacuna in the existing IT Rules, she says that it only addresses instances whewherein the illegal content has already been uploaded and the resultant harm has been suffered ; instead, there has to be more focus on preventive measures, for instance, making users aware that they are looking at a morphed image.
Agreeing that there is a need to revamp the existing laws, Mr. Gupta points out that the current regulations only focus on either online takedowns in the form of censorship or criminal prosecution but lack a deeper understanding of how generative AI technology works and the wide range of harm that it can cause.
π¨ββοΈποΈCurrent Regulationsβ
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. For instance, 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 personβs images in mass media thereby violating their privacy. Such an offence is punishable with up to three years of imprisonment or a fine of βΉ2 lakh. Similarly, Section 66D of the IT Act punishes individuals who use communication devices or computer resources with malicious intent, leading to impersonation or cheating. An offence under this provision carries a penalty of up to three years imprisonment and/or a fine of βΉ1 lakh.
Further, Sections 67, 67A, and 67B of the IT Act can be used to prosecute individuals for publishing or transmitting deepfakes that are obscene or contain any sexually explicit acts. β‘The IT Rules, also prohibit hosting βany content that impersonates another personβ and require social media platforms to quickly take down βartificially morphed imagesβ of individuals when alerted. In case they fail to take down such content, they risk losing the βsafe harbourβ protection β a provision that protects social media companies from regulatory liability for third-party content shared by users on their platforms.
β‘Provisions of the Indian Penal Code, 1860, (IPC) can also be resorted to for cybercrimes associated with deepfakes β Sections 509 (words, gestures, or acts intended to insult the modesty of a woman), 499 (criminal defamation), and 153 (a) and (b) (spreading hate on communal lines) among others. The Delhi Police Special Cell has reportedly registered an FIR against unknown persons by invoking Sections 465 (forgery) and 469 (forgery to harm the reputation of a party) in the Mandanna case.
π Opinion- A robust mechanism for comprehensive regulation for prevention of these crimes and enforcement mechanism is need to tackle AI based crimes..
Ab to Democracy bhi stake pe hai due to Elections being altered through these technologies.
@CurrentLegalGK
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Attempt the above Quiz based on 2023 DJS PATTERN
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100+ Important Judgments of 2022 and 2023Attempt the above Quiz based on 2023 DJS PATTERN
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Part 2 - Free Resources_Important Judgments.pdf
1.6 MB
Judgments 2023
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Lok Sabha passes Advocates (Amendment) Bill, 2023 | https://www.barandbench.com/news/lok-sabha-passes-advocates-amendment-bill-2023
Bar and Bench - Indian Legal news
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