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ABSTRACT
The rapid advancement of artificial intelligence has enabled the creation of hyper-realistic synthetic media known as “deepfakes”, which manipulate a person’s identity, speech, or body without consent. While such technology has legitimate creative and educational uses, it poses grave constitutional challenges in India by violating privacy, autonomy, dignity, reputation, bodily integrity, and informational self-determination—core components of Article 21.
Despite the Supreme Court’s recognition of privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India, the Indian legal framework remains fragmented and reactive. Existing statutes such as the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines) Rules, 2021, the Digital Personal Data Protection Act, 2023 and certain IPC provisions provide partial remedies but fail to address the unique harms of AI-generated synthetic content.
This paper critically examines the constitutional vacuum surrounding deepfakes, analyses statutory inadequacies, and identifies doctrinal loopholes in privacy and consent jurisprudence. It demonstrates how deepfakes cause not only individual harm but also societal disruption, democratic manipulation, and epistemic collapse. Finally, it proposes comprehensive legal and constitutional reforms to ensure that the guarantee of life and personal liberty under Article 21 is meaningfully protected in the digital age.
Keywords:
Deepfakes, Article 21, Right to Privacy, Consent and Digital Harm, Constitutional Loopholes, Legal Regulation of AI
Cite Article:
"AI-GENERATED DEEPFAKES AND THE LEGAL VACUUM IN INDIA: A CONSTITUTIONAL ANALYSIS OF PRIVACY, CONSENT, AND DIGITAL HARM UNDER ARTICLE 21", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 11, page no.a850-a857, November-2025, Available :http://www.ijrti.org/papers/IJRTI2511099.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator