The Threat of Deepfake Technology: A Call for Action by the Judiciary

In a recent speech addressing harassment and discrimination, Supreme Court Justice Hima Kohli voiced her profound concern regarding the widespread use of deepfake technology and its potential to amplify issues of privacy infringement, security threats, and the dissemination of false information. Drawing attention to the transformative impact of social media on the landscape of harassment, particularly in the context of gender-based power dynamics, she cautioned against the seamless mimicry of deepfakes, which presents a substantial challenge to the authenticity of information and personal identity.

Justice Kohli emphasised the significant and disconcerting consequences of deepfakes, emphasising their capacity to disseminate misleading information under the guise of reputable sources. She also highlighted how the global shift towards remote work has blurred the boundaries between professional and personal spheres, providing opportunities for harassment to infiltrate virtual spaces unrestricted.

Highlighting the vulnerabilities introduced by the digital age, Justice Kohli cautioned about the unrestrained nature of harassment within virtual environments due to anonymity, accessibility, and the rapid dissemination of information facilitated by digital platforms. She raised concerns about the concealed nature of online harassment and its potentially detrimental impact, creating an environment where perpetrators can act with impunity while victims experience heightened isolation and helplessness.

Justice Kohli advocated for a comprehensive approach to address the multifaceted challenges of online harassment, stressing the need for collaboration between policymakers, social media platforms, employers, and users to establish secure online environments, promote digital literacy, encourage respectful interactions, and provide robust support for victims. She highlighted the importance of adapting legal frameworks to effectively address harassment in digital and online spaces, ensuring their alignment with rapid technological advancements.

Furthermore, she shed light on the pervasive nature of gender-based violence, particularly against women, in domestic, workplace, and conflict settings, as well as humanitarian crises. Despite India’s dedication to women’s rights through various legislations, policies, and programs over the past 70 years, women continue to face gender-based discrimination and encounter persistent structural obstacles to equality.

Justice Kohli drew attention to the undervaluation of women’s paid and unpaid contributions vital to the global economy, as well as their significantly low representation in decision-making positions and the hurdles they face in their professional lives solely based on their gender.

In conclusion, Justice Kohli underlined the pressing need for legal evolution to safeguard the rights and dignity of individuals in an increasingly digital world, emphasising the importance of enhancing and expanding legal frameworks such as the Prevention of Sexual Harassment Act. She stressed the significance of actively creating a secure, safe, and inclusive digital world through proactive measures and collaboration among various stakeholders.

This thought-provoking address by Justice Kohli serves as a timely call to action in response to the technological and societal challenges posed by the proliferation of deepfake technology and the enduring issue of gender-based discrimination and violence.