Key Points
But it also broaches the possibility of additional transparency during vote counting with real-time surveillance making AI a double-edged sword during elections..
Artificial intelligence (especially through the creation of deepfakes) poses a major challenge for spreading misinformation, especially during elections..
Underlining the legal challenge of tackling AI-generated misinformation, Gangesh Varma, Principal Associate, Saraf and Partners, said that the definition of fake news or misinformation is complicated, and the problem is not limited to India and is a global challenge. ..
He said that under the present legal framework, a person cant be prosecuted or held accountable for spreading fake information until and unless the misinformation is a threat to the sovereignty, unity or integrity of India or amounts to character assassination..
Identifying the laws under which a person can be punished for spreading fake news, Mrinal Ojha, Partner, Solaris Legal, said, "The primary statutes that could potentially trigger if fake news is spread using deepfakes are the India Penal Code, 1860 (or the Bharatiya Nyaya Sanhita, 2023 in due course); Information Technology Act, 2000; and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021." ..
