Parliament Bill Proposes Consent and Watermark Rules for Deepfake Content
A private member’s Bill introduced in Parliament of India aims to make the creation and sharing of harmful deepfake content a criminal offence. Titled The Regulation of Deepfake Bill, 2024, the proposed law seeks to address the growing misuse of artificial intelligence in creating fake but realistic audio and visual content.
The Bill has been introduced in the Lok Sabha by Shrikant Eknath Shinde of the Shiv Sena. It focuses on protecting individuals from deepfakes that are created or shared without their consent, especially when such content causes harm.
One of the key features of the Bill is the requirement of prior consent from the person shown in any AI-generated or altered media. It also proposes compulsory digital watermarking of AI-generated audio and video so that such content can be easily identified and traced back to its source.
The Bill recognises that deepfakes pose serious risks, including privacy violations, spread of misinformation, interference in elections, and threats to national security. To deal with these concerns, it proposes a legal framework that treats certain types of deepfake creation and circulation as criminal acts.
Interestingly, while the Bill declares harmful deepfakes as offences, it does not specify fixed punishments such as jail terms or fines. Instead, penalties will be decided on a case-by-case basis, based on recommendations made by a proposed Deepfake Task Force and rules framed by the government.
The Bill also calls for the creation of a Deepfake Task Force within six months of the law coming into force. This body will study the impact of deepfakes on society, national security, businesses, and democratic processes. It will also support research on technologies to detect deepfakes and explore tools like blockchain for verifying digital content.
Under the proposed law, aggravated offences include deepfakes involving sexually explicit content, content meant to harass or humiliate someone, deepfakes intended to incite violence or conflict, and those used for crimes such as fraud or identity theft.
The Bill clearly defines consent as a free and voluntary agreement given by an adult in a sound state of mind, without pressure or deception. It also acknowledges that while deepfake technology has legitimate uses in education, entertainment, and creativity, strict safeguards are needed to prevent its misuse.
