Court Seeks Urgent Framing of Rules to Combat Deepfakes and AI-Generated Misinformation
In a significant development, the Gujarat High Court has taken cognizance of the alarming increase in fake and AI-generated content on online platforms through a Public Interest Litigation (PIL) filed by Vikas Vijay Nair. The PIL highlights the procedural gaps in the current regulatory framework under the Information Technology Act, 2000, and its amendments, urging the need for new rules to manage the interception, monitoring, and decryption of such content.
The bench, comprising Chief Justice Mrs. Sunita Agarwal and Justice D.N. Ray, recognized the pressing issue of deepfakes and other AI-generated media that pose challenges in terms of identity theft, privacy violations, and the dissemination of obscene or defamatory content. The PIL underscores the inadequacy of existing measures, despite recent amendments to the Information Technology Rules in 2025 and 2026, which aim to address synthetically generated information.
The petitioner argues that although there is a comprehensive regulatory structure, practical procedural gaps persist, particularly in providing real-time support to law enforcement and ensuring effective coordination between state agencies and digital platforms. The PIL calls for the framing of rules under Section 69(2) of the Information Technology Act to establish a concrete procedure for the interception and monitoring of digital information.
The court has directed the respondents, including the State Government, to submit their responses by March 20, 2026, and will consider further actions based on these submissions. The PIL emphasizes the need for swift action, given the potential threat to public order and institutional legitimacy posed by unchecked digital misinformation.
Bottom Line:
Public Interest Litigation (PIL) addressing the issues of alarming rise in fake and AI-generated videos/photographs on online platforms such as social media, messaging applications, and video-sharing websites. The petitioner highlights procedural gaps in the regulatory framework under the Information Technology Act, 2000, and its amendments, and seeks framing of rules for exercising powers under Section 69 for interception, monitoring, and decryption of information.
Statutory provision(s): Information Technology Act, 2000 Sections 69(1), 69(2); Information Technology Rules, 2021 (Amendments of 2025 and 2026)
Vikas Vijay Nair v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2860650
