Vol. 19 Issue 2 (2023)
Deepfakes and Shallow Laws: Regulating Distorted Narratives in the Political Cyberspace
Shimona Mohan and Sarthak Wadhwa
With a sizable section of the global population witnessing electoral churn, protests, and resistance movements in the past couple of years, this is clearly a watershed moment for modern democracies vis-à-vis technological advancements. Electoral canvassing in these democracies has expanded its footprint in the digital space, be it through social media or navigating the general contours of anonymity, engagement, and misinformation that govern our online worlds. In this context, the advent of deepfakes in the recent past, and the exponential evolution of the technology both for outreach and disruption, has invited acute regulatory attention and intervention. However, traditional policy design has proven to be inadequate to respond to such a novel, ever-changing problem—necessitating a more contemporaneous reimagination of technological regulation.
In this paper, we endeavour to advance one such perspective on the regulation of deepfakes. First, we discuss the extant industry and regulatory solutions (or lack thereof) that have emerged to tackle the proliferation of altered digital media and deepfakes around the world. Next, we assess proposed legislations to combat deepfakes and identify the pitfalls of a pure regulatory solution in this space in India and beyond. Finally, we attempt to reframe deepfakes as a communication-governance problem as opposed to a platform-regulation problem, to advance a hybrid co-regulatory model to address deepfakes in India.
Author
Shimona Mohan is an Associate Researcher on Gender & Disarmament and Security & Technology at the United Nations Institute for Disarmament Research (UNIDIR) in Geneva, Switzerland. She is also one of the 100 Brilliant Women in AI Ethics for 2024. Her areas of focus include the multifarious intersections of security, emerging technologies (in particular AI and cybersecurity), gender and disarmament. Shimona’s previous work includes stints at the Observer Research Foundation (ORF), the Think20 Secretariat under India’s G20 presidency in 2023, the Carnegie Endowment for International Peace, and the Ministry of External Affairs as well as NITI Aayog under the Government of India.
Sarthak Wadhwa is a lawyer practicing in New Delhi, India. He holds a B. A., LL. B. (Hons.) from the National Law School of India University, Bengaluru.
The authors would like to thank Shikhar Sharma and Debditya Saha for their diligent assistance in reviewing and editing this piece. All opinions expressed and errors herein are the authors’ own, and not attributable to any other organization the affiliated with.