From pixels to courtrooms: The fight against deepfake deception & AI abuse

In a significant development, a legal notice has been sent to the Advertising Standards Council of India (ASCI), drawing attention to the urgent need for regulatory intervention to curb the misuse of deepfake and AI technology in advertising to amend its code and protect the personality rights of the models. The notice underscores the responsibility of regulatory bodies to uphold ethical standards and protect individuals' privacy rights in the digital age.

Ms. Kanchan Nagar through her legal counsel Ms. Mumtaz Bhalla emphasised the need for proactive measures to regulate the use of deepfake and AI-generated content, citing the potential for widespread harm if left unchecked. They stress the importance of protecting individuals' privacy and preserving the integrity of their identity in an era dominated by digital manipulation and synthetic media.

With Ms. Nagar’s Complaint before the ASCI, a spotlight has been cast on the pervasive issue of personality rights infringement through the misuse of deepfake and artificial intelligence (AI) technology in commercial advertising. Ms. Nagar's Complaint underscores the urgent need for regulatory measures to safeguard individuals' privacy and prevent unauthorised use of their likeness for commercial purposes.

The Complaint details how Ms. Nagar, a professional model, discovered her facial features being misappropriated in an advertisement by a leading travel company, Yatra Online Limited, without her consent. The advertisement, published in a national daily, bore a striking resemblance to Ms. Nagar's image, raising concerns about the unauthorised use of her likeness through AI-generated content.

Deepfake and AI technology have revolutionised the digital landscape, offering unprecedented capabilities to create synthetic media with astonishing realism. However, their misuse poses significant risks, particularly in the realm of privacy and personality rights. Ms. Nagar's case highlights the potential for deepfake and AI-generated content to deceive viewers and infringe upon individuals' fundamental rights.

The Complaint focussed calls upon regulatory authorities, including the Advertising Standards Council of India (ASCI), to address the growing threat posed by deepfake and AI technology in advertising. It urges the formulation of guidelines to prevent the unauthorised use of individuals' likeness and ensure transparency and accountability in commercial advertising practices. The Complaint serves as a wake-up call to stakeholders across industries to prioritise ethical standards and respect individuals' rights in advertising and media content creation. They underscore the imperative for collaborative efforts between regulatory bodies, technology providers, and industry stakeholders to mitigate the risks associated with deepfake and AI technology.

As Ms. Nagar seeks legal recourse to address the violation of her personality rights, her grievance serves as a rallying cry for greater vigilance and accountability in the use of emerging technologies in advertising and media production.