Flagging rise in deepfakes, Delhi HC asks if Centre has formed committee to regulate tech

In a public interest litigation (PIL), Delhi HC advocate Chaitanya Rohilla has sought the court’s direction to the government to identify and block websites providing access to deepfake artificial intelligence (AI), issue dynamic injunctions, lay down guidelines for AI regulation, ensure fair implementation of AI, and issue guidelines for AI and deepfake access in strict accordance with fundamental rights.

Rohilla has highlighted the vacuum in legislation in this regard in India and underscored concerns about privacy violations, citing instances of economic and emotional harm due to inadequate safeguards.

A second PIL was moved by journalist Rajat Sharma seeking similar reliefs as Rohilla. Sharma has further contended that the threats of deepfake technology are “compounded” when a deepfake is made of an influential person, such as a politician, sportsperson, actor, even Sharma, “who is visible on television on a daily basis”.

Cautioning that in the absence of legislation or regulation, deepfakes will be a problem, Chief Justice (CJ) Manmohan, addressing the government, orally remarked, “With our population (we will face problems)… Problem today is this technology cannot be prohibited, AI cannot be prohibited, we need AI.”

Additional Solicitor General Chetan Sharma concurred that there “will have to be specialist technology which will be an antidote to the negative part” of AI.

The court went on to inquire if the government had set up a committee to examine the specific issue. “Is someone even working on it (framing regulations for deepfakes)? Tell us who is working on it… if you have set up a committee, please tell us. What are they working on?… regulations, statutory mechanisms? If there is going to be a delay (in setting up such a government committee), we can maybe fill the gap in the meantime…,” CJ Manmohan said.

“You tell us who is examining it otherwise we can set up a committee ourselves with people from the government… It needs to be a serious committee, it is a matter that is coming on a daily basis… you have to make the details available to us, the public needs to be told who is examining it… If you assure us there is a high-level committee examining it, we will close it,” he added.

The court gave time to the government to respond and will now hear the matter on November 21.