Criminal Liability of Artificial Intelligence-Generated Deepfakes in India
摘要
The ongoing advancement of technology has initiated a race to use artificial intelligence in every domain of knowledge, including our personal spaces. Artificial Intelligence (AI) is a generic term used for many applications in different levels of intervention on humanity mainly referred to by its acronym “AI”. One of the applications of AI has mastered to personalise us in the digital world. Deepfakes refer to one of these manifestations to deceive humans with the aid of AI, wherein machine learning algorithms, specifically generative adversarial networks (GANs), are employed to produce synthetic media that bears resemblance to human beings, albeit with some elements of the content being altered. In contemporary times, the task of differentiating authentic information generated by human agents from that produced by Deepfakes algorithms has become increasingly arduous. Deepfakes are socially disturbing and so manipulative to the human brain because of their ability to create a public deception with regrettable results. Hence, both society and nations must possess systems capable of autonomously detecting and assessing material without human intervention. Regrettably, AI has yet to be acknowledged as an independent legal discipline. In this scenario, can per se AI be held responsible for its act especially when AI is not recognised as a legal entity? The objective of this study is to ascertain the regulatory framework governing AI as perpetrators of Deepfakes crimes and to establish the criminal liability of AI entities involved in criminal activities within India. Furthermore, it elucidates the potential significance of Deepfakes in the realm of criminal justice administration. The paper will additionally examine whether the gaps in the current legislation to address these concerns. The paper will culminate in providing recommendations for criminal justice administration of AI in India.