THE RIGHT TO BE REAL: LEGAL CHALLENGES POSED BY DEEPFAKES AND AI-GENERATED MEDIA

The proliferation of deepfakes and AI-generated synthetic media poses unprecedented challenges to individual rights, democratic integrity, and the rule of law in India. This paper examines the legal landscape governing deepfakes, identifying critical gaps in existing frameworks including the Bhartiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, and the recently notified IT Amendment Rules, 2026. Through doctrinal legal research, the study analyses how current provisions inadequately address the unique harms of synthetically generated information (SGI), particularly concerning personality rights, privacy under Article 21, and electoral manipulation. The research reveals that while the 2026 Rules introduce mandatory labeling and accelerated takedown mechanisms, they remain reactive and platform-centric, lacking a comprehensive statutory offence for malicious deepfake creation. The paper proposes a dedicated legislative framework incorporating pre-emptive verification, civil liability for creators, and enhanced forensic infrastructure, drawing comparative insights from the EU AI Act and international best practices.