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Delhi High Court Highlights Urgent Need for Regulating Deepfakes on the Internet

Court Expresses Concern Over Authenticity in the Age of Deepfakes

The Delhi High Court emphasized the urgent need to regulate the spread of deepfakes, expressing concern over the growing inability to trust what people see and hear online. A Division Bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela remarked that the authenticity of what is viewed or heard today cannot be guaranteed.

“Today, what you are seeing and hearing you can’t believe. What I am seeing through my eyes and hearing through my ears, I can’t believe. This is something truly shocking,” the Bench noted, stressing the potential dangers of deepfake technology.

The Court also questioned whether platforms generating deepfakes should be classified as intermediaries under existing information technology laws. Acting Chief Justice Manmohan warned the Central government that deepfakes could become a serious threat to society and called for proactive regulation.

The observations were made while hearing petitions filed by journalist Rajat Sharma and advocate Chaitanya Rohilla, who sought regulatory measures for deepfakes. Additional Solicitor General (ASG) Chetan Sharma, representing the Central government, acknowledged the issue as a growing malaise and suggested that counter-technology may be the only solution to fight fake AI-generated content.

The Court reviewed the Central government’s response and instructed the petitioners to provide their suggestions for regulating deepfake technology. The Bench also advised studying international legislation, including those from the European Union, the United States, and the Elvis Act of Tennessee, for potential regulatory frameworks.

The case is set to be heard again in October.

(With inputs from agency)

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