LIJDLR

Artificial Intelligence

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH

Volume IV Issue II /

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH Ishani Chhaudha, Asian Law College, Ccs University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.166 Artificial intelligence has evolved from a computational tool into a powerful medium of expression shaping identity, political communication, advertising, and social interaction. Deepfakes, synthetic audio, face swaps, voice cloning, and other forms of generative media create legal harms that intersect with privacy, defamation, fraud, cybercrime, intermediary liability, electoral integrity, and constitutional free speech. This article examines how the existing Indian legal framework including the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Bharatiya Nyaya Sanhita, 2023, and constitutional jurisprudence under Justice K.S. Puttaswamy v. Union of India and Shreya Singhal v. Union of India can be interpreted to regulate harmful synthetic media. Using a doctrinal and analytical methodology, the article distinguishes between legitimate uses of artificial intelligence in satire, education, accessibility, and artistic expression, and malicious deepfakes that infringe dignity, facilitate impersonation, mislead voters, enable cyber fraud, or threaten public safety. It argues that India should adopt a rights-based regulatory framework grounded in informed consent, data protection, platform due diligence, forensic evidence preservation, proportionate labelling, effective grievance redressal, victim remedies, and court-reviewable takedown mechanisms. The article concludes that artificial intelligence and deepfakes can be effectively regulated within India’s existing constitutional and statutory framework without undermining freedom of speech and democratic values.

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ARTIFICIAL INTELLIGENCE AS A JURIDICAL PERSON: RETHINKING ACCOUNTABILITY IN THE ERA OF AUTOMATED DECISION MAKING BY AI

Volume IV Issue II /

ARTIFICIAL INTELLIGENCE AS A JURIDICAL PERSON: RETHINKING ACCOUNTABILITY IN THE ERA OF AUTOMATED DECISION MAKING BY AI Aditya Pal, JRF-Ph.D., 2nd Semester, Scholar at SICMSS, Rashtriya Raksha University, Gandhinagar-382305 (India) Honey Shankhwar, LL.M (Business Law), 2nd Semester, Student at Dharmashastra National Law University (DNLU), Jabalpur-482001 (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.164 Artificial Intelligence OR simply AI has evolved rapidly from its humble beginnings in ‘cybernetics’ and ‘machine learning’ (ML) into a pervasive force which is now shaping governance, commerce and even social interactions. Following the trajectory of its evolution and developments like ‘Large Language Models’(LLMs), generative AI, Internet of Things (IoT), and the race of achieving ‘Artificial General Intelligence’, the time is now ripe to address the issue of accountability with regards to the ‘autonomous’ acts of AI systems. Traditional legal regimes were designed for humans and corporate entities. However, in the age of AI, it seems to be struggling to address the harms caused by autonomous acts of the AI systems, such as algorithmic biases in decision making, misinformation OR misrepresentation, accidents due to ‘self-driving’ (auto pilot) vehicles like in the case of a self-driving Uber vehicle (modified 2017 Volvo XC90 SUV operated by Uber’s Advanced Technologies Group) in 2018. This paper explores the idea of granting legal personality to AI so as to make it accountable, given the nature of evolution that it is going through. This research critically evaluates India’s fragmented and inadequate AI governance regime, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and India’s evolving AI policy architecture, spanning NITI Aayog’s National Strategy for Artificial Intelligence (#AIforALL, 2018), NITI Aayog’s Principles for Responsible AI (2021), and the Ministry of Electronics and Information Technology’s India AI Governance Guidelines (2025) issued under the IndiaAI Mission. It also undertakes a comparative analysis with global approaches, including the European Union’s AI Act and the regulatory approaches adopted by Japan and the United Arab Emirates toward AI accountability in commercial contexts. Arguments for and against granting juridical personality to AI are also examined. This paper proposes a ‘hybrid’ approach of granting ‘quasi-juridical’ personhood to AI in India, while combining shared accountability between the developers and deployers of AI systems alongside AI system itself.

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AI AUTONOMY VS HUMAN CONTROL: BALANCING INNOVATION, ACCOUNTABILITY AND GOVERNANCE

Volume IV Issue I /

AI AUTONOMY VS HUMAN CONTROL: BALANCING INNOVATION, ACCOUNTABILITY AND GOVERNANCE Aaryan Naresh Parekh, BBA LLB, 10th Semester, Student at MIT World Peace University (India) Janhavi Vinod Shrungare, BBA LLB, 8th Semester, Student at MIT World Peace University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.144 Artificial intelligence has become a disruptive force that is changing governance, decision-making, and how people engage with technology. Significant concerns about accountability, human oversight, privacy, justice, and the suitability of current legal and regulatory frameworks emerge as AI systems get more autonomous. This study highlights the need to strike a balance between responsible governance and technological innovation by examining the growing conflict between AI autonomy and human control. The paper looks at how artificial intelligence has evolved conceptually, how autonomous decision-making is becoming more and more important, and how crucial it is to maintain meaningful human control in high-impact and rights-sensitive fields. In addition to recognising the benefits of AI in improving efficiency, lowering human error, encouraging innovation, and expanding access across industries like healthcare, education, finance, and governance, the study examines significant legal issues brought on by AI autonomy, such as accountability gaps, data protection issues, algorithmic discrimination, and ethical quandaries. In order to assess new models of AI regulation, it also looks at comparative regulatory approaches and jurisprudential viewpoints, especially in the US, UK, EU, and India. In order to determine whether current legal frameworks sufficiently handle the challenges presented by autonomous AI systems, the study uses doctrinal and analytical research methods and is based on legislation, case law, policy instruments, and academic literature. The study contends that a human-centric and risk-based governance system based on responsibility, transparency, and effective supervision is necessary, as neither unbridled AI autonomy nor stringent human control will provide a workable answer. The study comes to the conclusion that responsible autonomy where innovation advances within moral and legal bounds that uphold rights while facilitating technological advancement is the key to the future of AI governance.

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INTELLECTUAL PROPERTY IN THE AGE OF ARTIFICIAL INTELLIGENCE: A STUDY OF FASHION AND COSMETIC INDUSTRIES

Volume IV Issue I /

INTELLECTUAL PROPERTY IN THE AGE OF ARTIFICIAL INTELLIGENCE: A STUDY OF FASHION AND COSMETIC INDUSTRIES Sakshi Pratyush, LLM, Student at Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.132 The rapid integration of AI into the fashion and beauty industries is transforming traditional ideas about creativity, innovation, and ownership. Fashion designers and cosmetic formulators increasingly use AI technologies to create fashion designs, predict trends, and formulate cosmetics. This is shifting from a creative process that centres on human beings and uses algorithms to create products. As this evolution continues to occur, there are enormous implications for the ways in which these industries and nations that foster them protect their respective forms of intellectual property (IP). The existing IP systems have been developed based upon the principles of human authorship and human invention; this has created barriers to the recognition of AI-generated outputs as IP under the current IP frameworks of copyright, design and patent. Through a careful examination of relevant judicial decisions (e.g., Thaler v. Vidal and Naruto v. Slater) and the provisions of Indian law (i.e., Eastern Book Company v. D.B. Modak), it is evident that there are significant limitations to what the existing IP framework can offer to protect AI-generated outputs. A comparison of the different ways in which AI is legally recognized in the U.S., UK, EU, and India shows a lack of recognition across all jurisdictions of AI as an author or inventor. This article has noted that there are still many unanswered questions regarding things like ownership, originality and liability as they relate to intellectual property rights (IPRs), and it has suggested that there is a need for an adaptable and flexible law regime (including a new type of protection – sui generis), to cover these areas. The article concludes that without speedy changes to existing IPR laws, they will become inadequate because of developments associated with artificial intelligence.

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ARTIFICIAL INTELLIGENCE IN THE CRIMINAL JUSTICE SYSTEM: A CRITICAL ANALYSIS OF ITS ROLE IN ADDRESSING ACID ATTACKS AGAINST WOMEN IN INDIA

Volume IV Issue I /

ARTIFICIAL INTELLIGENCE IN THE CRIMINAL JUSTICE SYSTEM: A CRITICAL ANALYSIS OF ITS ROLE IN ADDRESSING ACID ATTACKS AGAINST WOMEN IN INDIA Dr. Prasanna S, Assistant Professor, Government Law College, Tirunelveli (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.129 Acid attacks against women in India continue to expose serious deficiencies within the criminal justice system, particularly in the areas of prevention, investigation, prosecution, and victim rehabilitation. Despite stringent legal provisions, the persistence of such offences indicates structural and procedural gaps. This study critically examines the role of Artificial Intelligence (AI) in addressing these challenges by enhancing the efficiency, accuracy, and responsiveness of criminal justice mechanisms. It analyses the application of AI across various stages of the criminal justice process, including prevention, investigation, prosecution, adjudication, and victim support, while also evaluating its effectiveness and the associated legal, ethical, and constitutional implications in the Indian context. Adopting a doctrinal research methodology based on statutory analysis, judicial precedents, policy frameworks, and secondary literature, the study explores AI-based tools such as predictive policing, forensic analytics, legal research systems, and judicial decision-support mechanisms. The findings indicate that AI holds significant potential to strengthen criminal justice responses by enabling proactive policing, improving evidentiary accuracy, reducing delays, and promoting victim-centric justice. However, concerns relating to data privacy, algorithmic bias, and the absence of a comprehensive regulatory framework necessitate cautious and regulated implementation. The study concludes that AI should function as an assistive tool supported by robust legal safeguards and human oversight to ensure fairness, accountability, and constitutional compliance.

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ARTIFICIAL INTELLIGENCE IN HEALTHCARE MANAGEMENT: OPPORTUNITIES AND RISKS, MAPPING LEGAL PATHWAYS AND PROTECTING PATIENT RIGHTS

Volume IV Issue I /

ARTIFICIAL INTELLIGENCE IN HEALTHCARE MANAGEMENT: OPPORTUNITIES AND RISKS, MAPPING LEGAL PATHWAYS AND PROTECTING PATIENT RIGHTS Manoj Kumar G, Guest Faculty, Dr. B.R. Ambedkar Department of Legal Studies, Acharya Nagarjuna University, Guntur (India) Kuchalapati Suma, LLM Scholar, Dr. B.R. Ambedkar Department of Legal Studies, Acharya Nagarjuna University, Guntur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.100 Artificial Intelligence (AI) has emerged as a transformative force in healthcare management, reshaping clinical decision-making, hospital administration and patient engagement, with its trajectory evolving from early expert systems such as MYCIN in the 1970s to contemporary machine learning algorithms now deployed in diagnostics and hospital operations, the COVID-19 pandemic accelerated the adoption of digital health solutions, telemedicine platforms and virtual hospitals, underscoring the potential of AI-enabled systems to deliver accessible, efficient and scalable healthcare, while simultaneously raising complex legal, ethical and governance challenges that demand rigorous scholarly inquiry. This paper examines the historical evolution, emerging trends and future directions of AI in healthcare management through the lens of legal research, situating AI within the broader framework of digital health, telemedicine and virtual hospitals and interrogating the ethical and legal dilemmas that accompany algorithmic decision making, particularly issues of data privacy, informed consent, liability and accountability. Statutory frameworks such as the Health Insurance Portability and Accountability Act (HIPAA, 1996) in the United States, the General Data Protection Regulation (GDPR, 2016) in the European Union, and India’s Digital Personal Data Protection Act, 2023  provide critical benchmarks for evaluating the adequacy of existing legal safeguards, while landmark judicial pronouncements including Justice K.S. Puttaswamy v. Union of India (2017), which recognized privacy as a fundamental right in India and Teladoc v. Texas Medical Board (2015), which addressed telemedicine licensing disputes in the United States, illustrate the judiciary’s evolving role in mediating the intersection of law, technology and healthcare. The paper further explores ethical imperatives of transparency, fairness and equity in AI-driven healthcare delivery, noting risks of algorithmic bias, unequal access to digital health infrastructure and opacity of machine learning models and argues that future directions must include harmonization of cross-border telemedicine regulations, establishment of institutional AI ethics boards and integration of blockchain technologies for secure health data management, ultimately underscoring the necessity of adaptive legal frameworks that balance innovation with accountability and emphasizing interdisciplinary collaboration between law, medicine and technology to ensure AI advances human welfare while safeguarding fundamental rights.

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RETHINKING MENS REA & CRIMINAL LIABILITY IN THE AGE OF ARTIFICIAL INTELLIGENCE

Volume IV Issue I /

RETHINKING MENS REA & CRIMINAL LIABILITY IN THE AGE OF ARTIFICIAL INTELLIGENCE Swati Kumari, Student, 4th year student at Bharati Vidyapeeth (deemed to be university), New Law College, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.89 Artificial Intelligence has moved beyond being a mere technological aid and now performs functions that involve independent decision-making, often with serious real-world consequences. This shift raises difficult questions for penal law, particularly in relation to the requirement of mens rea. While harm caused by AI systems can usually satisfy the element of actus reus, identifying a guilty mind becomes difficult when the actor is a non-human system lacking consciousness or intent. This paper examines whether existing principles of criminal liability are capable of addressing harms caused by AI, or whether their application reveals a structural problem. It analyses the problem of legal personhood in intelligent systems and evaluates different approaches to liability, including perpetration through another, natural and probable consequences, and direct liability of AI. using real incidents involving autonomous vehicles and AI-driven decision making, the paper argues that attributing criminal responsibility directly to AI risks weakening the moral basis of criminal law. Instead, it supports a framework that places responsibility on human actors involved in the design, deployment, and supervision of AI systems, while emphasising the need for preventive regulation to address emerging risks.

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REVISITING ARBITRABILITY IN COMPETITION LAW: A COMPARATIVE ANALYSIS AND THE INDIAN DILEMMA

Volume IV Issue I /

REVISITING ARBITRABILITY IN COMPETITION LAW: A COMPARATIVE ANALYSIS AND THE INDIAN DILEMMA Muskan Arora, B.A. LL.B. (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Aditi Raikwar, B.S.C LL.B (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Mohit Jain, B.S.C LL.B (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.68 The question of whether competition law disputes can be resolved through arbitration has long been a subject of debate. Traditionally, such disputes have been considered non-arbitrable, as they involve public interest concerns like ensuring fair market competition, consumer protection, and preventing monopolistic practices. However, in recent years, jurisdictions like the United States, the European Union, and Canada have gradually recognized the limited arbitrability of competition law disputes, provided they pertain to private commercial arrangements rather than broad regulatory concerns. This shift is driven by a pro-arbitration approach aimed at fostering international business confidence and providing parties with a flexible, efficient dispute resolution mechanism. In contrast, India has yet to formally adopt this evolving stance. Competition law disputes are generally perceived as falling under the exclusive jurisdiction of the Competition Commission of India (CCI), with arbitration being viewed as an inadequate forum due to its private and confidential nature. However, with the increasing complexity of commercial arrangements and the growing importance of arbitration in cross-border trade, it is necessary to reevaluate India’s approach. This research examines whether India can allow arbitration in certain competition law matters, particularly those involving rights in personam (private contractual disputes) while safeguarding cases concerning rights in rem (public interest and regulatory matters) within the domain of the CCI. By analyzing legal frameworks in the US and the EU, this study seeks to explore a balanced approach for India. It evaluates the legal challenges, policy considerations, and potential solutions that could allow partial arbitrability of competition law disputes, aligning India with global best practices while upholding its regulatory framework. This research further delves into the key developments under the Competition (Amendment) Act, 2023, all of which have implications for arbitrability. The study proposes that adopting mechanisms like the Second Look Doctrine, where courts retain limited review powers over arbitral awards in competition matters, could provide an optimal solution. Ultimately, this paper argues that India must modernize its stance on arbitrability in competition law to facilitate commercial certainty, attract foreign investments, and strengthen its dispute resolution framework. While competition law’s core regulatory function must remain intact, selective arbitrability of private disputes can serve as a progressive step toward legal efficiency and economic growth.

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AUTHORSHIP ISSUE IN INDIAN COPYRIGHT LAW FOR WORKS CREATED BY ARTIFICIAL INTELLIGENCE

Volume IV Issue I /

AUTHORSHIP ISSUE IN INDIAN COPYRIGHT LAW FOR WORKS CREATED BY ARTIFICIAL INTELLIGENCE Harini V. S, IV-year B.B.A LL. B (Hons), Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.67 Artificial intelligence (AI) is increasingly participating in creative processes such as writing, music composition, and visual art production, raising complex questions for copyright law worldwide. In India, the Copyright Act, 1957 is premised on a human-centric understanding of authorship, reflecting the traditional assumption that creativity originates from natural persons. However, the growing capacity of AI systems to generate content with minimal or no human intervention challenges this foundational premise and creates uncertainty regarding authorship, ownership, liability, and the scope of legal protection for AI-generated works. This paper examines the widening gap between rapid technological development and India’s existing copyright framework. Adopting a doctrinal and comparative research methodology, the study analyses statutory provisions and judicial interpretations under Indian copyright law while comparing regulatory approaches adopted in jurisdictions such as the United Kingdom, the United States, and the European Union. Through this analysis, the paper identifies significant doctrinal and practical limitations in the current Indian legal regime, particularly its inability to adequately address authorship questions arising from algorithmically generated creative outputs. The study argues that the present framework is insufficient to resolve emerging disputes in technologically driven creative industries. To address this lacuna, it proposes the exploration of policy alternatives such as a carefully designed sui generis protection regime or a limited rights model that recognizes economic interests in AI-generated works without undermining the central role of human creativity in copyright law. Such reforms would provide greater legal certainty, encourage innovation, and support investment in AI-driven creative sectors. Ultimately, the paper contends that timely legal reform is essential for aligning India’s copyright system with contemporary technological realities while preserving the normative foundations of human intellectual authorship.

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MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS

Volume IV Issue I /

MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS Ananya Yadav, LLM Student (Intellectual Property) Student at Christ Deemed to be University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.61 Intellectual Property Rights serve as the backbone of the media and entertainment sector, protecting creative works and rewarding innovation. In the digital age characterized by rapid technological change, globalization, and an explosion of online content the effective enforcement and evolution of IPR have become increasingly complex yet essential. This article examines the role of intellectual property law in safeguarding creative works such as films, music, literature, digital media, television programs, animation, and broadcast material from unauthorized use. It further analyzes emerging legal challenges including copyright piracy, digital streaming infringements, deepfake technology, artificial intelligence-generated content, and user-generated media within contemporary regulatory frameworks. It also discusses legal uncertainty, jurisdictional boundaries, and enforcement problems in various markets. It also addresses the relative efficacy of existing regulatory schemes and complexities fueled by the borderless nature of the internet, which renders national law inadequate in dealing with cross-judicial infringements and require reform, highlighting the need for harmonized global policy, digital rights management and evolving legal interpretations to strike a balance between the interests of creators, consumers and intermediaries. And particularly the evolution of user-generated content and remix-culture pose new challenges to originality, authorship and fair use. The paper concludes by proposing strategic reforms, including strengthened cross-border cooperation, simplified copyright licensing mechanisms, enhanced digital rights education, and the modernization of outdated laws to address evolving technological realities. There should be a balanced, adaptable, and vision-oriented IPR regime to support creativity, safeguard rights, and promote balanced growth in the world media and entertainment sector.

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