Delhi HC warns deepfake technology poses serious threat, calls for regulation

NEW DELHI: Deepfake technology is going to be a serious menace in the society and the antidote for Artificial Intelligence (AI) would be technology only, the Delhi High Court on Wednesday observed.

The high court was hearing two petitions against non-regulation on deepfake technology in the country. Deepfake technology facilitates creation of realistic videos, audio recordings and images that can manipulate and mislead the viewers by superimposing the likeness of one person onto another, altering their words and actions, thereby presenting a false narrative or spreading misinformation.

“You (Central government) will have to start working on this. You also start thinking about this. It (deepfake) is going to be a serious menace in the society,” said Acting Chief Justice Manmohan and Justice Tushar Rao Gedela.

Justice Manmohan further said, “You also do some study. It is like what you are seeing and what you are hearing, you can’t believe it. That is something which shocks. What I see through my own eyes and what I have heard through my own ears, I don’t have to trust that, this is very very shocking.”

One plea has been filed by journalist Rajat Sharma against non-regulation of deepfake technology in the country and seeking directions to block public access to applications and software enabling creation of such content.

The other petition has been filed by Chaitanya Rohilla, a lawyer, against deepfakes and the unregulated use of artificial intelligence. The court granted two weeks time to the petitioners to file an additional affidavit containing their suggestions and listed the matter for further hearing on October 24.

During the hearing, the bench observed that before the elections, the government was agitated on the issue and now things have changed.

To this, Additional Solicitor General Chetan Sharma, appearing for the Centre, said certainly it was a malice and “our body language might have changed but we are still agitated as much we were then”.

The Centre’s counsel also said the authorities recognise that it is a problem.

“We can employ counter AI technology to annul what would otherwise be a very damaging situation. To deal with the issues, four things needed – detection, prevention, grievance support mechanism and raising awareness. No amount of laws or advisories will go a long distance,” Sharma contended. The bench stated that technology is the only antidote to AI-related issues. It emphasised the need for government action, acknowledging institutional limitations.

The high court previously directed the Central government to respond to petitions regarding deepfake technology. Rajat Sharma, in his PIL, argued that deepfakes pose serious threats such as misinformation, fraud, and privacy violations. He called for regulatory frameworks to address and restrict malicious deepfake use.

The PIL also noted the government’s November 2023 promise to regulate deepfakes, which has yet to be fulfilled. Sharma’s plea highlighted misuse of his image and AI-generated voice for fraudulent purposes.