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‘This is Truly Shocking | Everything That You Are Seeing or Hearing is Fake’ – Delhi HC Raises Alarm on Deepfakes

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The Delhi High Court raised alarms over the rise of deepfakes, urging the Central Government to take action. Chief Justice Manmohan emphasized the need for a committee to address this issue and highlighted that “everything you are seeing or hearing is fake,” reflecting public concern about misinformation and trust erosion.

New Delhi: The Delhi High Court today expressed grave concerns over the increasing prevalence of deepfakes, urging the Central Government to take proactive measures to tackle this pressing issue. In the case of Rajat Sharma v. Union of India, the Division Bench, led by Chief Justice Manmohan and Justice Tushar Rao Gedela, highlighted the potential dangers of digitally manipulated videos, which impersonate individuals and can be used to disseminate false information.

Deepfakes: A Growing Threat

Deepfakes are sophisticated digital manipulations that create realistic-looking fake videos and audio recordings. These technologies can easily deceive audiences, leading to misinformation and a general erosion of trust in media. During the proceedings, the Court noted the alarming rise in deepfake content and stressed that this issue requires serious consideration.

The Chief Justice posed a crucial question to Additional Solicitor General (ASG) Chetan Sharma: “Has the government set up an in-house mechanism or a committee to examine how to tackle this issue?” If not, the Chief Justice suggested that the Court might establish a committee to investigate this growing concern.

Government’s Response

The ASG responded that the Union Ministry of Electronics and Information Technology (MEITY) is indeed addressing the matter and that a team is already in place. However, due to the sensitive nature of the issue, he mentioned that it might not be feasible to disclose all the details publicly. In response, the Chief Justice clarified that the Court only seeks information about whether steps are being taken, not the specifics of the committee.

To ensure progress on this issue, the Court has directed the ASG to file a status report within three weeks.

Urgent Calls for Regulation

The Court was examining two petitions filed by journalist Rajat Sharma and advocate Chaitanya Rohilla, which called for regulatory measures to control deepfakes. They urged the Court to issue directives for identifying websites that provide access to deepfake content and to consider blocking such sites.

Earlier hearings had already highlighted public concern regarding the authenticity of content available online. The Bench remarked,

This is something which is truly shocking. Everything that you are seeing or hearing is fake. It can’t be.

Women at Risk

During today’s proceedings, Senior Advocate Darpan Wadhwa, representing Rajat Sharma, revealed alarming statistics indicating that most deepfakes disproportionately target women, often depicting them in compromising or sexualized scenarios. This highlights not just a technological issue but also a significant social concern.

Chief Justice Manmohan emphasized the challenge of finding a way to prevent the misuse of artificial intelligence (AI) technology while still allowing for its beneficial applications. He remarked,

This technology can’t be prohibited. We need AI; it cannot be prohibited. So we have to exclude the negative part and use the positive part. How do we segregate this?

The Need for Immediate Action

ASG Chetan Sharma acknowledged the need for developing an antidote to combat the negative impacts of AI, particularly concerning deepfakes. Senior Advocate Wadhwa also criticized the government’s approach, noting that considering websites disseminating deepfakes as mere online “intermediaries” is insufficient. He pointed out that the government’s advisory requiring these platforms to remove deepfake content within 72 hours is too lenient.

The urgency of this issue was further underscored by the recent spate of hoax bomb threats to airplanes in India, prompting the Chief Justice to emphasize the need for infrastructure to keep pace with such tech-enabled threats.

You have to ramp up the infrastructure,” he instructed the ASG.

The Court has scheduled the next hearing for November 21, continuing its scrutiny of this critical issue. The rising tide of deepfakes poses a significant threat to society, and the Court’s commitment to addressing this problem is a step in the right direction.

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