Regulating Synthetic Identity: Protecting Ordinary Citizens against Deepfake Impersonation in India

ABSTRACT
The widespread adoption of Generative AI in 2022 challenged the long standing assumptions about the authenticity of digital identity by making it possible to create highly convincing synthetic media using readily available AI tools. As a result, deepfake impersonation now threatens personal security, economic interests, social standing, and legal rights, exposing the limitations of existing laws in protecting identity and digital authenticity. This paper examines the adequacy of India’s existing legal framework in addressing deepfake impersonation affecting ordinary citizens through an analysis of constitutional principles, statutory law, judicial decisions, and recent regulatory developments. It argues that the current framework is predominantly reactive and consequence based, relying on sector specific remedies that struggle to address AI generated impersonation itself as a distinct legal harm. The paper further evaluates gaps in personality rights, data protection, evidentiary standards, and intermediary responsibility. It concludes that the absence of a coherent legal framework with respect to deepfake impersonation leaves ordinary citizens of India reliant on fragmented remedies after harm has occurred because AI generated impersonation remains unrecognised as a distinct legal harm.