Deepfake Laws in India

India has taken significant legislative steps to address deepfake technology. The Ministry of Electronics and Information Technology (MeitY) issued IT Amendment Rules in 2023 that specifically require platforms to find deepfake content within 72 hours of a complaint. Section 67A of the Information Technology Act provides criminal penalties for publishing obscene content including deepfake intimate imagery. The IPC (Indian Penal Code) Section 354C further addresses voyeurism and image-based abuse. For content on US-based platforms, relevant laws apply in parallel.

IT Amendment Rules 2023

India's November 2023 IT Amendment Rules issued by MeitY specifically address deepfakes for the first time. Platforms must find deepfake content within 72 hours of receiving a complaint. Non-compliance can lead to loss of safe harbor protections for the platform under Section 79 of the IT Act, making platforms directly liable for user-posted deepfake content.

Criminal law provisions

Section 67A of the IT Act criminalizes the publication of sexually explicit material in electronic form, including deepfakes, with penalties of up to five years' imprisonment and ₹10 lakh fines. IPC Section 354C addresses voyeurism and extends to non-consensual intimate imagery distribution. First information reports (FIRs) can be filed with local police or the cyber crime cell.

Reporting mechanisms in India

Complaints can be filed with India's National Cyber Crime Reporting Portal (cybercrime.gov.in), local police cyber crime units, or directly with the MeitY grievance officer of the relevant platform. All major platforms operating in India are required to appoint a Grievance Officer under the IT Rules who must respond to NCII complaints within specified timeframes.