DEEPFAKE TECHNOLOGY AS AN EMERGING TOOL OF CYBERCRIME: LEGAL CHALLENGES AND REGULATORY RESPONSES IN INDIA

Abstract

The rapid advancement of artificial intelligence has significantly transformed the digital environment, enabling the creation of highly realistic synthetic media commonly known as deepfakes. While deepfake technology offers several beneficial applications in entertainment, media production, and digital communication, it has increasingly emerged as a powerful tool for cybercrime. The misuse of deepfake technology has facilitated various forms of online offences. As these technologies become more accessible, the potential for their misuse poses serious challenges to cybersecurity, privacy, and digital trust.

This research article examines deepfake technology as an emerging instrument of cybercrime within the Indian legal context. The study adopts a doctrinal research methodology based on the analysis of statutes, judicial decisions, academic literature, and policy reports relating to cyber law and artificial intelligence. It critically evaluates the applicability of existing legal provisions, including those under the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 in addressing deepfake-related offences.

The article further explores recent judicial developments concerning digital impersonation and personality rights, highlighting how courts are increasingly confronted with disputes involving synthetic media. The study argues that although existing legal provisions offer partial remedies, they are insufficient to effectively address the complex challenges posed by deepfake-enabled cybercrime. The paper concludes by recommending the development of clearer regulatory frameworks, enhanced platform accountability, and greater investment in technological detection mechanisms to combat the misuse of deepfake technology in India.