GS3 – Science & Technology
Context
Denmark has introduced a Copyright Amendment Bill to curb the misuse of deepfake technologies by giving individuals legal ownership over their face, voice, and appearance.
Understanding Deepfakes
- Definition: AI-generated synthetic media that mimic real individuals’ appearances, voices, or actions.
- Common Misuse: Pornography (96% of cases), political manipulation, impersonation, and financial fraud.
- Impact: Erodes public trust, facilitates identity theft, compromises institutional credibility, and violates privacy.
Provisions of Denmark’s Copyright Amendment Bill
- Imitation Rights: Prohibits the sharing of AI-generated facial or vocal replicas without consent.
- Performance Protection: Extends copyright-like safeguards to spontaneous and non-verbal acts.
- Artist Protection: Shields creative performers from unauthorised AI-generated imitations.
- Universal Coverage: Applies to all individuals, not just celebrities.
- Posthumous Rights: Deepfake distribution is banned for 50 years after death.
- Consent Obligation: The burden of proving consent lies with the content creator.
- Platform Accountability: Online platforms must take down flagged content or face legal consequences.
- Legal Recourse: Victims can claim damages and demand removal of infringing content.
Key Takeaways for India
- Digital Identity Rights: Legal recognition of personal likeness and voice as protected assets.
- Mandatory Consent: Legal requirement for prior permission before deepfake creation or publication.
- Platform Responsibility: Hosting services should be liable for non-compliance with takedown requests.
- Posthumous Dignity: Protect individual identity even after death.
- Protecting Artists: Extend legal shields to mimicry, gestures, and facial expressions from AI abuse.
Way Forward
- Enact dedicated deepfake legislation to protect individual digital identities.
- Standardise definitions like “likeness,” “realistic reproduction,” and “digital imitation.”
- Mandate AI watermarking and metadata tagging to track deepfake sources.
- Foster global cooperation to tackle cross-border misuse.
- Run public awareness campaigns to inform citizens of their rights in the digital space.