HC notice to Centre, others on plea for regulation of AI-generated content

Chandigarh: The Punjab and Haryana high court on Thursday issued notice to Union ministries, including the ministry of electronics and information technology (MeitY), the ministry of information and broadcasting, and the ministry of home affairs (MHA), and others on a public interest litigation (PIL) seeking urgent regulatory and legislative intervention to curb the growing menace of deepfake technology and AI-generated synthetic media in India. Notice was also issued to Google India Private Limited, Meta Platforms Inc. (Facebook/Instagram/WhatsApp), and X Corporation (formerly Twitter), seeking replies on the issue.
According to the plea, deepfakes, AI-generated videos, audio, and images that convincingly mimic real individuals pose serious threats to privacy, democratic processes, financial systems, and national security. It was contended that India's legal framework, including the Information Technology Act, 2000, the IT Rules, 2021, and provisions under the Bharatiya Nyaya Sanhita, 2023, were insufficient to address the unique challenges posed by synthetic media.A division bench headed by Chief Justice Sheel Nagu passed these orders while hearing a PIL filed by Ravinder Singh Dhull, a practising lawyer at the high court, who urged the court to direct the Union govt to frame comprehensive laws governing the creation, distribution, and misuse of deepfake content.According to the petition, India witnessed a 550% surge in deepfake incidents between 2019 and 2024, with projected financial losses expected to reach Rs 70,000 crore by 2025. The technology was increasingly used to produce non-consensual intimate images, manipulate political messaging, and commit financial fraud through voice cloning.The petition also submitted that manipulated content targeting women caused severe psychological trauma and reputational damage, while political deepfakes during election campaigns had the potential to mislead voters and undermine democratic institutions.While referring to the 2024 Lok Sabha elections, in which AI-generated content allegedly played a significant role in political campaigns, the PIL claimed that over 50 million AI-generated voice calls were used for voter outreach, along with deepfake videos of political leaders and digitally recreated speeches of deceased politicians. "Such practices highlight the urgent need for regulation of AI-generated political content," the petitioner argued. It was further argued that the MeitY advisory issued in March 2024 regarding deepfakes was only recommendatory and lacked statutory force, making it ineffective in preventing misuse.The petitioner asked the high court to issue directions to the Union govt and regulatory authorities to introduce several measures, including the enactment of a comprehensive national law regulating deepfake technology, blocking access to apps and platforms that enable the creation of malicious deepfake content, and mandatory watermarking and labelling of AI-generated media.Deployment of AI detection systems by major social media platforms, and special guidelines by the Election Commission of India to regulate AI-generated political content during elections, were also sought.