By Anuradha Gandhi and Isha Sharma
Introduction:
In an era dominated by digital innovation and technological advancements, the surge of deepfake videos has emerged as a growing concern. The circulation of a recent deepfake video purportedly featuring India’s Hon’ble Home Minister[1] gained significant traction across social media platforms. In this video, the Home Minister appears to be making inflammatory and controversial remarks, However, upon closer examination, the video was debunked as a sophisticated deepfake, engineered to deceive and manipulate public opinion.
Deepfakes such as these blur the lines between reality and fiction posing a serious threat to the integrity of the democratic processes.
There is direct correlation of their impact on voter’s emotional response and decision-making process. Release of AI-generated videos on hand held devices close to the general elections mimicking as well as distorting reality injects doubts distorts perceptions and reality, making it more challenging for common people to decipher reality.
PIL filed to curb deepfake videos: Delhi High Court
We have been witnessing a surge in deepfake videos targeting high-profile individuals, with cases ranging from fabricated speech to falsified endorsements which not only damage the reputation but also pose significant risks and incite public outrage.
Taking this into consideration, the Hon’ble Delhi High Court addressed concerns regarding the circulation of deepfake videos during the ongoing Lok Sabha elections, placing its trust in the Election Commission of India (ECI) to take necessary action.
A public interest litigation was filed by the organisation Lawyers Voice on May 01, 2024 seeking direction to ECI and Union of India to formulate and implement the necessary guidelines over the pervasive use of deepfake technologies in political campaigns for 2024 general elections to the Lok Sabha and State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim. [2]
The plea also sought direction to social media intermediaries to take down and block deepfake content/concerning political candidates/representatives/leaders and/or public figures on their respective social media platforms until the declaration of the results of the General Elections on June 04, 2024.
The petition was mentioned by the Senior Advocate Mr. Jayant Mehta for the urgent listing of the matter before a division bench led by Hon’ble The Acting Chief Justice Manmohan and Hon’ble Ms. Justice Manmeet Pritam Singh Aroroa in the Delhi High Court on May 02, 2024 for urgent listing. To which the court stated that it may hear the matter on May 02, 2024 if all the relevant documents are filed in the registry on time.
Plea Submissions:
The petition contends that the integration of deepfake technologies alongside the propagation of misinformation across social media platforms and the internet directly undermines the prospects of conducting free and fair elections.
Furthermore, the existence of this unregulated technology would also mean that the general electorate is unable to hold their representatives accountable, if they are not able to differentiate between authentic and falsified words and actions. In this manner, the existence and usage of deepfake technologies threatens the very foundation of a free and fair election, plea stated.[3]
Moreover, the existing legal framework encompassing both civil and criminal law is fairly insufficient in order to address the harms of deepfake technologies, plea read.
Dismissal of PIL:
On hearing the matter, the court disposed of the PIL and refrained itself from passing any directions to the ECI observing that it cannot pass such orders against the ECI in the middle of the elections. The court further trusts that the ECI will take appropriate action.
The bench directed the ECI to decide the representation as expeditiously as possible by Monday i.e., May 06, 2024 keeping in view the urgency of the matter.
The bench said: “You give the representation to the ECI and they will consider it. Please understand, we can only recommend the ECI to examine the aspect. What more can we so? We have to trust the ECI. At this moment, the court cannot pass a direction in the middle of an election. They will act. We have to trust the ECI, ACJ said.”[4]
Mr. Mehta highlighted the ECI’s role in certifying political advertisements for traditional media and suggested a similar mechanism for social media content. However, the bench expressed reservations noting the practical challenges by stating: “It is like saying when you go to address a political rally, they (politicians) must take permission from the ECI. If you are travelling in the constituency obviously, a small group will stop you and you will speak to them,”[5] the Court remarked.
Acknowledging the complexity of the issue, the court directed the petitioner to submit a comprehensive representation to the ECI.
The bench further direct the Election Commission of India vide order dated May 02, 2024 to decide the same in accordance with law on or before May 06, 2024, keeping in view the urgency of the issue involved.
The ECI assured the bench that deepfake videos of leaders and renowned actors as referred in the petition had been removed, and criminal complaints had been filed to investigate the perpetrators as well.
The court further suggested measure such as taking action against accounts repeatedly posting fake videos and exploring dynamic injunctions to disable retweets of such content. However, it declined to issue specific guidelines to the ECI, citing the ongoing electoral process.
Measures taken by the ECI: “Myth vs Reality Register[6]”
In a proactive move to combat to spread of misinformation and uphold the integrity of the electoral process, the Election Commission of India (ECI) had recently launched a Myth vs Reality Register on April 02, 2024 as part of the ongoing elections. [7]
The ‘Myth vs Reality Register’ is accessible to the public through the Election Commission’s official website (https://mythvsreality.eci.gov.in/)
This Myth vs Reality Register serves as a comprehensive repository of debunked fake news related to elections in India, providing a reliable resource to verify the authenticity of information regarding the electoral process circulating during election periods.
The Register aims to promote transparency, accuracy and responsible communication during elections. It serves as a valuable tool for both the general public and media organisations to access verified information and counter false narratives that may mislead voters. BY documenting and cataloguing instances of debunked fake news, the register acts as a reference guide, empowering citizens to make informed decisions and maintain the democratic fabric of the nation.
The Register will be periodically updated by the ECI after analyzing and verifying the authenticity of various claims circulating of different media platforms.
With the proliferation of misinformation and false narratives becoming a growing concern in many democracies globally, this innovative and proactive initiative by ECI is an effort to ensure that voters have access to accurate and verified information throughout the electoral process, thereby aiding them to dispel myths and falsehoods and empowering them to make informed decisions.
ECI: Parties to remove fake content within 3 hours of coming to their notice
Taking cognizance of the certain violations of Model Code of Conduct (MCC) and the extant legal provisions by Political Parties/their representatives while using social media for social campaigning, the ECI had issued directions to political parties for responsible and ethical use of social media in election campaigning to ensure level playing field among all stakeholders vide press release dated May 06, 2024.[8]
The ECI has brought to the notice of political parties the existing legal provisions that govern the regulatory framework against the use of misinformation and impersonation using deepfakes. This includes the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Indian Penal Code and framework of the twin acts namely the Representation of People Act, 1950 and 1951 and the provisions of the Model Code of Conduct.
In view of the existing legal provisions, amongst other directions, the ECI had issued the following directives to the parties namely:
- To refrain from publishing and circulating deep fake audios/videos, disseminate any misinformation or information which is patently false, untrue or misleading in nature;
- To refrain from posting derogatory content towards women;
- To abstain from using children in campaigns and
- To avoid depicting violence or harm to animals
In addition, the parties have been directed to promptly remove any such content within a period of three hours of bringing it to their notice, warn the person responsible in their party, reporting unlawful information and fake user accounts to respective platforms, and escalate persistent issues to the Grievance Appellate Committee under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
[6] https://mythvsreality.eci.gov.in/
[7] https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2016941