Take a Step to Regulate Deepfakes

Why in News?

• The lack of suitable regulations opens the door for individuals, businesses, and even non-state entities to misuse Artificial Intelligence (AI), as seen in the case of deepfakes - an application of AI.
• The article demonstrates how self/no-regulation can be fatal at times, and the need to regulate AI in India in order to avoid its misuse in the form of deepfakes. 

 

What is Deepfake?

• Deepfake uses deep learning techniques in AI to generate videos, photos, or news that seems real but is actually fake.
• These techniques can be used to synthesise faces, replace facial expressions, synthesise voices, and generate news.
• This technique is also used to create special effects in movies. However, more recently this technique is being widely used by criminals to create disinformation.
• For example, in March 2022, Ukrainian President Volodymyr Zelensky revealed that a video posted on social media in which he appeared to be instructing Ukrainian soldiers to surrender to Russian forces was actually a deepfake.

 

 How does Deepfake Work?

 

• Deepfake techniques rely on a deep learning technique called autoencoder, which is a type of Artificial Neural Network (ANN) which contains an encoder and a decoder.
• The input data is first decomposed into an encoded representation then these encoded representations are reconstructed into new images which are close to input images.
• Deepfake software works by combining several autoencoders, one for the original face and one for the new face

 

What are the issues with Deepfakes?

• Spread misinformation and propaganda: Deep fakes seriously compromise the public’s ability to distinguish between fact and fiction.
• Can depict someone in a compromising and embarrassing situation: For instance, deepfake pornographic material of celebrities not only amounts to an invasion of privacy, but also to harassment.
• Used for financial fraud: Scammers recently used AI-powered software to deceive the CEO of a U.K. energy company into thinking he was speaking with the CEO of the German parent company over the phone.
  • As a result, the CEO transferred a large sum of money (€2,20,000) to what he thought was a supplier.
• ‘Liar’s Dividend’: This refers to the idea that individuals can take advantage of the growing awareness and prevalence of deepfake technology by denying the authenticity of certain content.

 

How could Deepfakes Harm India?

Deepfakes can be employed by unfriendly neighbours and non-state entities, and can be deadly in certain instances such as:

• To influence the outcome of elections.
• To carry out espionage activities. Doctored videos can be used to blackmail government and defence officials into divulging state secrets.
• To produce inflammatory material.
  • For example, videos purporting to show the armed forces or the police committing ‘crimes’ in areas with conflict.
  • This could be used to radicalise populations, recruit terrorists, or incite violence.

 

What is the legal framework related to AI in India?

• Currently, very few provisions under the Indian Penal Code (defamation) and the Information Technology Act, 2000 (punish sexually explicit material) can be potentially invoked to deal with the malicious use of deepfakes.
• The Representation of the People Act, 1951, includes provisions prohibiting the creation or distribution of false or misleading information about candidates or political parties during an election period.
• The Election Commission of India has set rules that require registered political parties and candidates to get pre-approval for all political advertisements on electronic media.
• All of the aforementioned are insufficient to adequately address the various issues that have arisen due to AI algorithms, like the potential threats posed by deepfake content.

 

What Needs to be Done?

• Separate legislation: The government of India should introduce separate legislation regulating the illicit use of deepfakes and the broader subject of AI. The proposed Digital India Bill can also address this issue.
• Salient features of such a law:
  • Should not hamper innovation in AI
  • Should recognise that deepfake technology may be used in the commission of criminal acts
  • Should provide provisions to address the use of deepfakes

 

What Others are Doing?

• Taiwan: It is becoming increasingly concerned that China is spreading false information to influence public opinion and manipulate election outcomes.
  • It recently approved amendments to election laws to punish the sharing of deepfake videos or images.
• China: It is one of the few countries which has introduced regulations prohibiting the use of deepfakes deemed harmful to national security or the economy.
  • These rules apply to content creators who alter facial and voice data and came into effect in January, 2023.

 

Way Ahead:

• Consumer awareness through media literacy programs is the most effective strategy for combating disinformation and deepfakes.
• A dialogue among the technology industry, civic society and government to discourage the creation and spread of harmful deepfakes.
• Simple and approachable technical solutions for detecting deepfakes, authentic material.

 

Conclusion:

• There is often a lag between new technologies and the enactment of laws to address the issues and challenges they create.
• As a result, we can't always rely on self-regulation policies and must take responsibility for being a part of the solution to this 'infodemic.'

 

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Q1) What are the implications of deepfake?

Deepfakes have potential to create chaos and manipulate public perception makes it a threat, both at individual and societal scales.

 

Q2) What are the laws against deepfake in India?  

At present, India does not have any law specifically for deep fake cybercrime, but various other laws can be combined to deal with it such as IT Act, The Copyright Act, 1957 etc.

 

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Source: Take a step to regulate deepfakes