Deepfakes and the Law in India: Addressing Misinformation, Identity Misuse and Emerging Regulatory Challenges

Author

Aanchal Ajit Malpani


Abstract

 Generative artificial intelligence has, in a short span, altered how audio-visual content is produced and shared. Deepfakes are audio, images or video that are synthetically produced or manipulated to mimic real people or events convincingly. They raise legal questions spanning misinformation, impersonation, privacy, reputation, fraud, sexual exploitation and personality rights. India has not traditionally dealt with these harms through a deepfake-specific law. It has relied instead on the Information Technology Act, 2000, the rules governing intermediaries, and the general body of criminal and civil law. That position has shifted considerably. Following their 2026 amendment, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 now deal directly with “synthetically generated information”, and attach duties relating to prevention, labelling, metadata, technical provenance, grievance redressal and takedown. This paper tests whether the framework now taking shape in India is adequate. It considers the IT Act, the 2026 IT Rules, the Bharatiya Nyaya Sanhita, 2023, constitutional privacy doctrine, and recent case law on personality rights and AI-generated material. It then sets India’s approach against the European Union’s Artificial Intelligence Act. Persistent problems are identified in detection, attribution, cross-border enforcement, remedies for victims, platform accountability and the safeguarding of legitimate speech. The paper contends that the most suitable model is one organised around harm, bringing together transparency, provenance, swift remedies, specialised enforcement and constitutional safeguards.



Keywords

Deepfakes; Artificial Intelligence; Cyber Law; Misinformation; Personality Rights; Intermediary Liability.



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References


  1. Information Technology Act, No. 21 of 2000, §§ 66C–66E, 67, 67A, 67B, 79, India Code.
  2. §§ 66C–66D.
  3. § 66E.
  4. §§ 67, 67A, 67B.
  5. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, r.2(1)(wa), as amended by G.S.R. 120(E) (Feb. 10, 2026).
  6. r. 3(3).
  7. r. 4(1A).
  8. Shreya Singhal v. Union of India, (2015) 5 SCC 1 (India).
  10. Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 (India).
  11. Anil Kapoor v. Simply Life India, 2023 SCC OnLine Del 6914 (India).
  12. Hrithik Roshan v. Ashok Kumar/John Doe & Ors., CS(COMM) 1107/2025 (Delhi High Court Oct. 15, 2025).
  13. Bharatiya Nyaya Sanhita, No. 45 of 2023, §§ 318–319 (India).
  14. § 336.
  15. § 356.
  16. Regulation (EU) 2024/1689 of the European Parliament and of the Council of June 13, 2024, art.50, 2024 O.J. (L 1689).
  17. art. 50(4).
  18. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, r.3(3), as amended by G.S.R. 120(E) (Feb. 10, 2026).

 

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