Sharks of Law
Adv Vipul Singh Raghuwanshi
Adv Vipul Singh Raghuwanshi. | 2 months ago | 3785 Views

Deepfakes & Indian Law: Can You Sue Someone for Misusing Your Face?

Deepfakes, AI & Law: Can You Sue Someone for Misusing Your Face?

Imagine waking up one morning and finding your face in a video you never made.  The voice is yours. The gestures are yours. But the act? Completely fake.

Welcome to the terrifying world of deepfakes—where AI-generated fake videos can destroy reputations, end careers, and shatter families in seconds.

Now the million-dollar question: Can you sue someone for misusing your face in a deepfake? Let’s break it down.

Why Deepfakes Are Exploding Right Now 

From politicians’ speeches altered with AI to Bollywood celebrities’ faces morphed into fake videos, deepfakes are trending everywhere.

  • In 2024, a fake video of Rashmika Mandanna went viral, sparking outrage across India.
  • Globally, even Barack Obama’s face was deepfaked in a viral video, proving no one is safe.
  • On Instagram and Telegram, AI-generated nudes of influencers are being sold like commodities.

The scary part? Most victims don’t even know until it’s too late. 

What Does Indian Law Say About Deepfakes? 

Currently, India doesn’t have a specific “Deepfake Law.” But that doesn’t mean you’re helpless. Victims can rely on a mix of IT Act, IPC provisions, and personal rights:

  • Section 66E, IT Act – Punishes violation of privacy (sharing intimate images without consent).
  • Section 67 & 67A, IT Act – Criminalizes obscene electronic content.
  • Section 499, IPC – Defamation (if the deepfake harms your reputation).
  • Right to Privacy (Puttaswamy Judgment, 2017) – Your image and identity are protected under fundamental rights.
  • Tort of Passing Off / Misappropriation of Personality – You can sue for damages if your face is commercially misused. 

💡 Punchline: “Your face is your property. Misuse it, and it becomes a legal liability.” 

Real-Life Scenarios That Hit Hard 🎭

●  A Delhi-based corporate employee’s AI-morphed images were circulated in her office WhatsApp group, costing her mental peace and dignity.

●  A Mumbai influencer found her deepfake video on porn sites—filed an FIR, leading to arrests under IT laws.

●  Globally, Scarlett Johansson and Tom Hanks have openly raised alarms about fake AI ads using their likeness.

These aren’t just scandals. They’re wake-up calls

What Can You Do If You’re a Victim of a Deepfake? 🔐

1.Act Immediately:

  1. File an FIR under IT Act & IPC.
  2. Approach the Cyber Crime Cell in your city.

2.Document Everything:

  1. Take screenshots, URLs, and timestamps.
  2. Save evidence before it’s deleted.

3.Send a Legal Notice:

  1. Platforms (Instagram, YouTube, Telegram) are bound to remove deepfake content when notified.

4.Remedies:

  1. Sue for damages if your reputation or commercial value is harmed.

5.Protect Yourself Proactively:

  1. Use digital watermarking tools.
  2. Regularly search for your face/content online.

Why Every Internet User Should Care 🌍

You don’t need to be a celebrity to be a victim.

Deepfakes can:

  • Ruin careers with fake videos during job interviews.
  • Break marriages with morphed intimate content.
  • Influence elections by spreading fake speeches. 

👉 The line between real and fake is vanishing, but your legal rights remain real.

Share-Worthy One-Liners 💬

  • “Deepfakes may be fake, but the legal consequences are very real.”
  • “Your face is not free content. It’s your copyright, your dignity, your right.”
  • “AI can copy your face, but law protects your identity.”

Final Thoughts & Call to Action 🔔

The Supreme Court of India is already hearing petitions on AI misuse and privacy. Sooner or later, specific deepfake laws will arrive.

But until then, your awareness is your shield.

💡 If you or someone you know has faced AI misuse or deepfake harassment, don’t stay silent. Speak up. Take legal action. Protect your digital identity.

👉 What do you think: Should India create a separate Deepfake Law, or are existing laws enough?

Drop your views in the comments, or book a confidential legal consultation with us today. 

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993

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