In a significant discourse, Justice Hima Kohli of the Supreme Court of India raised serious concerns about the burgeoning issues of online harassment and the ethical implications of deepfake technology. Speaking at a function focused on harassment and discrimination, Justice Kohli delved into the complexities of these modern challenges, exacerbated by the rapid evolution of digital technologies.
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Justice Kohli pointed out the groundbreaking nature of deepfake technology, a sophisticated form of artificial intelligence capable of generating highly realistic content. While acknowledging its revolutionary impact in the realm of entertainment, she expressed deep concern over its potential for privacy invasion, security risks, and the propagation of misinformation. She emphasized,
“In parallel, the emergence of deepfake technology, a type of artificial intelligence, is a cause of deep concern. Its potential to create highly realistic content easily is ground-breaking in the realm of entertainment but it also raises alarms regarding privacy invasion, security risks and propagation of misinformation.”
Highlighting the indistinguishable nature of deepfakes from reality, Justice Kohli underscored the profound challenge they pose to the authenticity of information and the sanctity of personal identity. She warned,
“The greatest danger posed by deepfakes is their ability to spread false information that appears to come from trusted sources.”
Justice Kohli also addressed the changing landscape of harassment in the digital age. She noted that the meteoric rise of social media has not only transformed communication but also reshaped the contours of harassment, particularly gender-based power abuses. The shift towards remote working has further blurred the boundaries between professional and personal spaces, allowing harassment to seep into virtual arenas where professional and personal lives intersect.
She elaborated on the vulnerabilities introduced by the digital era, stating,
“Harassment within these virtual environments is unbound by physical barriers or conventional working hours, creating opportunities for it to manifest at any time and anywhere, online.”
She highlighted the anonymity, easy access, and rapid spread of information on digital platforms as factors that magnify the severity and reach of online harassment.
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Justice Kohli warned about the impact of social media, where harmful content can swiftly multiply and snowball, complicating efforts to mitigate and address its consequences. She pointed out the often invisible nature of virtual harassment, which can be equally, if not more, damaging than its offline counterpart.
“It fosters an environment where faceless perpetrators can act with worrying impunity. In contrast, victims may experience a heightened sense of isolation and helplessness,” she said.
To address these issues, Justice Kohli advocated for a holistic approach involving collaboration between policymakers, social media entities, employers, and users. She emphasized the need for creating safe online environments, promoting digital literacy, fostering respectful interactions, and providing robust support for victims. She added,
“The goal is not just to react to the changing landscape of harassment, but to actively create a digital world that is secure, safe and inclusive.”
Justice Kohli also stressed the urgent need to enhance and expand legal frameworks like the PoSH (Prevention of Sexual Harassment Act) to effectively address harassment in digital and online spaces. She underscored the significance of this legal evolution for protecting individual rights and dignity in an increasingly digital world.
Furthermore, she highlighted the endemic nature of gender-based violence and discrimination, especially against women, in various settings. Despite India’s commitment to women’s rights, she noted that women continue to face systematic barriers to full participation in economic, social, civic, and political spheres. She called for greater recognition of women’s contributions, both paid and unpaid, to the global economy and emphasized the need for their increased representation in decision-making roles.
In conclusion, Justice Kohli’s remarks bring to light the critical need for a comprehensive and proactive approach to tackle the challenges posed by deepfake technology and online harassment. Her call for collaborative efforts and legal adaptations reflects the urgency of addressing these issues in our rapidly evolving digital landscape.
