DEEPFAKES AND GENERATIVE AI IN INDIA: RETHINKING THE LEGAL AND CONSTITUTIONAL FRAMEWORK FOR DIGITAL GOVERNANCE
Omkar Acharya, LLM, 2nd Semester,Fakir Mohan University, PG Department of Law, Odisha, (India)
Shibanee Acharya, LLM, 2nd Semester,Fakir Mohan University, PG Department of Law, Odisha, (India)
The rapid development of Generative Artificial Intelligence (AI) has transformed digital innovation while raising complex legal and constitutional concerns. Among its most disruptive manifestations is deepfake technology, which enables the creation of realistic synthetic audio, video and images capable of blurring the distinction between fact and fabrication. In India, the misuse of deepfakes has raised serious concerns relating to privacy, misinformation, electoral integrity, cybercrime, defamation, intellectual property, national security and gender-based digital violence. While the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, the Digital Personal Data Protection Act, 2023 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 provide partial remedies, they do not fully address the regulatory challenges posed by AI-generated synthetic media. This paper critically examines India’s legal framework on deepfakes and Generative AI, particularly in light of fundamental rights under Articles 14, 19 and 21 of the Constitution, and judicial developments concerning privacy, free speech, dignity and digital governance. Using doctrinal and comparative legal research methods, the study also evaluates international approaches, including the European Union AI Act, the Council of Europe Framework Convention on Artificial Intelligence, and selected regulatory measures in the United States and China. It argues for a constitutionally grounded and risk-based AI governance framework that ensures accountability, transparency and protection of individual rights while preserving technological innovation. The paper recommends dedicated AI regulation incorporating algorithmic accountability, mandatory watermarking of AI-generated content, platform liability and institutional oversight mechanisms. The study contributes to digital constitutionalism by proposing legal reforms aligned with Indian constitutional principles and the evolving digital landscape.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 583–614. |
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| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |