When we crack a joke, and someone gets offended, we say, “Take it lightly. This is not as deep as you think. It was just a joke.” Morphologically, jokes are not true and hence light. But if jokes are of course, fake, but not light, there are enough instances we have seen people getting affected and taking serious steps.
Let us re-imagine the structure of Joharry’s Window considering the words- Fake, Truth, Light, and Deep,
| True Statement | Fake statements | |
|---|---|---|
| Light Nature | Mere Truth (Open) | Jokes (Not Severe) |
| Deep Nature | Reality Check | Danger |
Thus, when the statement is fake and the nature is deep, the impact is severe. Now let’s replace ‘statements’ with pictures and videos, and this is where the real threat to one’s identity comes in, putting all the laws and regulations to a standstill and bringing about an urgent need to solve the menace of Deep Fakes in the world.
Individuals most vulnerable to deepfake are those whose privacy is already a significant concern. With Indian media intruding even into the lives of Bollywood celebrities’ children, privacy in the country was already an issue, and deepfakes have magnified this, proving that even the elite are not immune. If it can happen to Rashmika Mandhana, Katrina Kaif and/or Kajol, it can happen to anyone in the country. Considering the technological presence and geographical locations these people share, the threat is bigger, but cannot remain unknown for long.
The Oxfam India Inequality Report 2022, focusing on the Digital Divide, reveals that a mere 31 per cent of the rural population utilises the Internet, contrasting sharply with the 67 per cent usage among their urban counterparts. The study also highlights India’s standing in the Asia-Pacific region, ranking as the worst with a staggering gender gap of 40.4 per cent. While examining digital connectivity in Northeast India, the findings of the recent National Achievement Survey contradicted its middle name, indicating a significant disparity.
Thus, the concern with deepfake is about the digitally dark villages of the country that become the easiest victim of deepfake-oriented identity theft, leading to activities like deepfake-based pornography, generating fake videos, fake culprit to true crimes and whatnot. The impact discussion can take days, but what is important at this hour is to bring in a strict, stringent legal measure to solve the problem.
We have seen our country grow from bullock carts to cyber marts and adopting technology at a pace which is making the tech-inclusion policymakers happy, but tech-deepening (awareness) policymakers worry at large. With the presence of India’s Gen-1 and Gen-2 Mobile Phone users, parental control in technology resembles that scene of Phir Hera Pheri where Paresh Rawal is kept inside the car by the kidnappers, and they go out and forget to lock the car, leaving Paresh Rawal alone inside, and he says “Kya gunda Banega re tu!”
With the advent of uncontrolled Sharenting, child pornography and deepfake, the larger future is dark. From misinformation to identity theft, the implications of deepfake technology pose serious risks to individuals and society. Deepfake can distort reality, creating convincing videos and images that can spread misinformation at an unprecedented scale. Political figures, celebrities, and ordinary individuals alike can fall victim to false narratives, leading to confusion and distrust in the public sphere. Deepfakes can be used to impersonate individuals, mimicking their gestures, facial expressions, and voice. As deepfake technology advances, the difficulty of distinguishing between authentic and manipulated content increases. A comprehensive regulatory framework is essential to combat the perils posed by deepfakes.
Policy Proposal: Deepfakes and Identity Theft
We have seen enough videos on social media with the Indian Prime Minister dancing Garba but with the Prime Minister revealing that he had not danced it since school, the touch of deepfake and politics makes it a very dangerous tool, leading to manipulation of Public Opinion. The Indian Prime Minister recently revealed that he had asked the ChatGpt team to flag deepfakes and put out a warning when such videos were circulated online.
In September 2019, Deeptrace identified a surge in deepfake videos, predominantly of a pornographic nature. The ease with which individuals can create deepfakes raises concerns about the potential proliferation of revenge porn beyond celebrities. Although deepfakes are notably widespread in explicit content, it is crucial to recognize that these manipulations also encompass a variety of other genres, including spoofs, satire, and playful activities.
Policy Recommendations:
- Clearly define identity theft and deepfakes in legal terms to provide a basis for prosecution. Clearly distinguish between harmless parodies and malicious intent to ensure the law targets illegitimate uses.
- Find out the applications that provides the space for making deepfake videos and make sure that while the application is installed or a deepfake is introduced, the warning must be strong enough on their screen. Every single attempt of creating deepfakes should be monitored by the apps and every such app must monitor anything mischievous.
- A multi-faceted communication campaign by National and Regional Cyber Crime Cells and Police Department should be carried out.
- There needs to be different sets of regulations for deepfakes and children’s identity theft.
- Introduce stringent penalties for individuals found guilty of identity theft and the creation or distribution of deepfakes with malicious intent. Penalties should be commensurate with the severity of the offense.
- Establish support mechanisms for survivors of identity theft and deepfake-related crimes, including counseling services, legal assistance, and resources for reputation restoration.
- Engage in international collaborations to develop standardized policies and regulations to combat identity theft and deepfakes. Facilitate information sharing and cooperation between nations to address the global nature of these threats.
Until we await a policy on deepfakes, the stringent measures and most importantly the tech-based detection of the same, it is high time, Police, Influencers, and media spread awareness and reiterate the already available laws on identity theft, crimes against children and cybercrimes.
Section 66C of the Information Technology Act addresses identity theft, stipulating that any individual who “fraudulently” or “dishonestly” utilizes the electronic signature, password, or any other distinctive identification feature of another person shall face punishment. Offenders could be imprisoned for up to three years and may also be subject to a fine of up to Rs 1 lakh.
Under Section 66D of the Information Technology Act, individuals engaged in “cheating by personation” can be held accountable for imprisonment of up to three years and a fine of up to Rs 1 lakh. Sections 66E, 67, 67A, and 67B of the Information Technology Act encompass cyber crimes related to pornography.
They address privacy breaches, penalties for sharing explicit content electronically, and sanctions for transmitting sexually explicit material electronically. Notably, Section 67B specifically deals with offences involving children.
Section 499 of the Indian Penal Code pertains to defamation, stating that intentionally saying or writing something to harm another person’s reputation constitutes defamation. This includes spoken words, written expressions, signs, or visible representations that could damage someone’s image.
For those found guilty of violating Section 499, Section 500 of the Indian Penal Code prescribes punishment for defamation. The penalty may involve imprisonment for a term extending up to two years, a fine, or both.
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The Indian Penal Code addresses identity theft in Section 419, focusing on cheating by impersonation, with penalties extending up to three years of imprisonment, a fine, or both.
In the case of Children, specifically, if the deepfakes are used for pornographic or harmful purposes of a similar nature, the guidelines under the POCSO Act need to be implemented. A specific programme aiming to make the children aware of Cyber Behaviour and the parents aware of the perils of sharenting and ensuring a reserved social media presence of the children needs to be designed.
However, there is a crucial need for explicit legislation specifically addressing deepfakes, particularly concerning children, who, according to various studies, are highly susceptible to cybercrimes.
The Author is a Research Scholar on Cyber Crimes and Children, at the Department of Mass Communication and Journalism, Tezpur University.
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