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NEW DELHI: Noting that the current laws do not explicitly criminalise deep fake abuse, the National Commission for Women has recommended the inclusion of a clear legal definition and strict penalties under the Bharatiya Nyaya Sanhita (BNS) 2023 to fill the legislative gap and ensure accountability.According to sources, a new section has been proposed by the commission in BNS to say “modified content means to include the creation, modification, or distribution of digitally created or altered images, videos, or audio that falsely depict any person in an explicit, defamatory, or misleading manner”.The commission is learnt to have justified the need for provisions in law citing that though laws on defamation, obscenity and harassment exist, they do not fully address AI-generated fake content.This subject is part of the over 200 recommendations made by the commission in a report aimed at addressing the legal and institutional gaps in India’s response to cyber offences. The recommendations call for a comprehensive review of cyber laws relating to women to secure their digital rights, extend privacy protections and hold online platforms accountable. They have been submitted to the ministries of law and justice, electronics and information technology, women and child development, and home affairs. Besides deep fakes, the NCW has also recommended inclusion of cyberbullying, trolling,and privacy violations in the Bharatiya Nyaya Sanhita 2023.Noting that since the current law does not currently address the misuse of ‘deep fake technology’ against women, the report as per sources recommends the inclusion of a new clause to define it “as the use of artificial intelligence or machine learning techniques to create manipulated images, videos, or audio that falsely depict individuals in a manner that harms their dignity, privacy, or reputation.”It is also recommended that any person who creates, distributes, or possesses deep fake content targeting women, without their consent, shall be punishable with imprisonment for a term of up to three years or fine.For protecting children it is recommended that digital manipulation and online grooming should be recognised as offences and penalties must be increased under the Protection Of Children from Sexual Offences Act, 2012.Recommendations have been made pertaining to laws including Information Technology Act 2002, Digital Personal Data Protection Act, 2023 and the POSH Act 2013 to secure women at the workplace from digital harassment and also cover remote workplaces.
