Ethical & Legal Implications of Deep Fake Technology: A Global Overview

Abstract

It is said that a camera cannot lie. However, in this digital era, it has become abundantly clear that it doesn’t necessarily depict the truth. Increasingly sophisticated machine learning and artificial intelligence with inexpensive, easy to use and easily accessible video editing software are allowing more and more people to indulge in generating so-called deep fake videos, photos and audios.. These clips, which feature fabricated, altered and fake footage of people and things, are a growing concern in human society. Although political deep fakes are a new concern, pornographic deep fakes have been a problem for some time. These often purported to show a famous actress or model or any other woman, involved in a sex act but actually show the subject’s face superimposed onto another woman’s body who is actually involved in that act. This feature is called face-swapping and is known as the simplest method of creating a deep fake. There are numerous software applications that can be used for face-swapping, and the technology used is very advanced and is accessible. Deep fakes raise questions of personal reputation and control over one’s image on the one hand and freedom of expression on the other. This will have a significant impact on user’s privacy and security. Increasingly, governments around the world are reacting to these privacy evading applications for e.g., India banning TikTok and the USA investigating the privacy issues of TikTok and in the process of enacting laws to reduce the impact of deep fakes in the society. The study in this paper includes the ethical and legal implications surrounding the deep fake technology which also includes the study of several international legislations and analysing the position of India in tackling the crime of deepfake.