Brief Context
In News The U.S. President Donald Trump signed the Take It Down Act, criminalizing the non-consensual sharing of intimate images including AI-generated deepfakes. What is the Take It Down Act?
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Syllabus: GS2/ International Relations
In News
- The U.S. President Donald Trump signed the Take It Down Act, criminalizing the non-consensual sharing of intimate images including AI-generated deepfakes.
- An online boom in non-consensual deepfakes is currently outpacing efforts to regulate the technology around the world due to a proliferation of AI tools.
What is the Take It Down Act?
- The Act makes it illegal to “knowingly publish” or threaten to publish intimate images without a person’s consent, including AI-created “deepfakes.”
- It also requires websites and social media companies to remove such material within 48 hours of notice from a victim.
- The platforms must also take steps to delete duplicate content.
About Deepfakes
- Deepfakes are synthetic media generated using Artificial Intelligence (AI), particularly through machine learning techniques like GANs (Generative Adversarial Networks).
- These tools can fabricate hyper-realistic images, videos, or audio, making it appear as if someone said or did something they never actually did.
Impacts of Deepfakes
- Deepfakes can be used to create fake news, propaganda, or doctored statements from public figures, influencing public opinion, eroding trust in media, and potentially disrupting elections or inciting social unrest.
- Unethical use of deepfake technology is creating pornographic content by superimposing individuals’ victimising women.
- The unauthorized use of a person’s likeness or voice in deepfakes raises serious privacy concerns.
Legal Provisions in India
- Information Technology Act, 2000 (IT Act): Sections 66E and 67 penalize the violation of privacy and the transmission of obscene material electronically.
- Indian Penal Code (IPC), 1860 (now largely replaced by the Bharatiya Nyaya Sanhita – BNS, 2023): Section 356 of the BNS deals with defamation, organized crime (Section 111), theft in digital form (Section 316), and cheating (Section 318).
- Digital Personal Data Protection Act, 2023: Focusing on the unauthorized processing of personal data
- Indecent Representation of Women (Prohibition) Act, 1986: Prohibits depiction of women in indecent manner.
Legal Gaps & Need for New Deepfake Laws in India
- No specific deepfake law: Existing laws cover aspects of deepfake crimes but do not define or directly regulate deepfakes.
- Limited penalties: Current punishments may not be strong enough to deter large-scale AI-based crimes.
Source: TH