MediaNama’s take:
The recently tabled private member’s deepfake regulation bill appears to have a narrower definition of deepfake/digital content forgery than the definition of synthetically generated information within the IT Ministry’s draft synthetic media rules. The definition of deepfakes focuses on representations of people — their speech, image, or conduct — and adds an element of intent, with it requiring “intent to convincingly and deceptively depict” a subject or a person in false circumstances. Similarly, the definition of digital content forgery also focuses on the intent to deceive.
Meanwhile, the definition of synthetically-generated information covers any artificially or algorithmically generated content that appears authentic. This definition had seen a lot of pushback, with many arguing that it can include everything from augmented reality and virtual reality, computer aided drawings and other positive use cases of algorithmic/artificial intelligence (AI) in content creation. During MediaNama’s discussion about the draft rules, stakeholders suggested that the government should limit the applicability of the rules to “synthetic content with the intent to mislead”, given that it wants to curb misleading/deceptive content with the draft rules.
While the private member’s bill appears to address these concerns of overbroad definitions, it is important to note that such bills rarely ever end up becoming laws. As of the 17th Lok Sabha — which functioned between June 2019 and February 2024 — various Governments over the years have only passed 14 private members bills. Notably, both Houses of Parliament have not passed such a bill since 1970.
What’s the news:
We missed this earlier: A private member’s deepfake regulation bill was introduced in the Parliament during the Winter Session on December 5. Introduced by Shiv Sena MP Shrinath Shinde, this bill requires creators to seek consent before creating someone’s deepfake.
This consent must be voluntary and wilful, be it in writing or oral, and only an adult person of a sound mind and body can give such consent. The consenting party must not be coerced, defrauded or put under any duress/fear during the consent seeking process.
Deepfakes will be considered a criminal offence as per this bill if they are:
- made without consent or a watermark with the intent to humiliate or harass a person by depicting sexual content
- made with the intent to cause violence or physical harm
- made to incite armed or diplomatic conflict
- made in the course of fraud or identity theft
- interfere in an official proceeding
Notably, the bill defines deepfakes as —
“an electronic image or photograph, audio recording, video recording, motion picture film, multimedia, or any technological representation of speech or conduct substantially derivative thereof of an AI -generated content where it appears to authentically depict any…
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