REVENGE PORN AND DEEPFAKE: IS INDIA READY FOR AI-BORNE SEXUAL EXPLOITATION?

AUTHOR : NITHYA PRAKASH

"In the digital age, a woman's face can be placed on someone else's body — and the law cannot care."

INTRODUCTION

The border between reality and imagination is blurred — and for victims of AI-borne sexual abuse, it can be devastating. From non-consensual intimate images to ultra-realistic deepfake pornography, technology is enabling new forms of violence that are not only traumatizing but also legally invisible.

India, a country with growing internet penetration and complex gender dynamics, is now facing a silent epidemic of digital sexual abuse powered by artificial intelligence. Nevertheless, as the crisis grows, the legal structure remains largely archaic and ill-equipped to deliver justice.

This article explores the emerging danger of deepfake revenge porn, examines legal vacuums in India, and suggests a roadmap for reform — supported by real-life cases and global comparisons.

UNDERSTANDING TECHNOLOGY: DEEPFAKES AND REVENGE PORN

Traditionally, this involved particular photos leaked maliciously. Today, however, with Deepfake technology, the perpetrators no longer need real photos. Deepfakes are synthetic media, where AI algorithms superimpose one person's face onto another's body, usually creating ultra-realistic pornographic content that is devastatingly believable.

What makes deepfakes terrifying is their accessibility. Free apps and online tools can now produce forged content in minutes, targeting celebrities, students, teachers, activists — anyone. The trauma, social stigma, and career ruin caused by these digital violations are beyond measure.

Unfortunately, technology has evolved faster than legal protections, leaving a chilling gap between harassment and justice.

PSYCHOLOGICAL AND SOCIAL INFLUENCE OF DEEP MISUSE ON VICTIMS

Deepfake-enabled sexual abuse is not just a technical offense; it is a deeply personal violation that leaves emotional scars on its victims. While the legal system is still catching up with this modern threat, the psychological and social consequences for those targeted are already disastrous — and largely ignored.

Victims often suffer severe emotional trauma. Anxiety, depression, and panic attacks are common reactions upon discovering their likeness used in explicit content. Unlike other forms of digital harm, deepfakes are hyper-realistic, often irreversible, and endlessly circulated. The idea that their "body" is online — even if digitally manipulated — creates lasting feelings of violation. Many victims report losing sleep, withdrawing socially, and even contemplating self-harm. As one survivor of deepfake abuse said, "I felt that I was violated a thousand times and every stranger who saw that video was part of it."

Social stigma adds another layer of trauma, especially in a culturally conservative society like India. Instead of support, victims often face judgment, doubt, or silence. They are blamed for having public profiles or sharing personal photos. In many cases, family or colleagues believe the content is real, leading to character assassination and social exclusion. The psychological toll deepens when victims are forced to leave schools, switch jobs, or relocate to escape harassment.

Professional consequences can be just as damaging. Even if the content is proven fake, the stigma remains. For women professionals, students, journalists, or social media influencers, deepfakes can result in reputation loss, missed opportunities, or workplace investigations. In digital spaces where perception is everything, the presence of manipulated content — no matter how false — can permanently harm one’s credibility. Many suffer in silence because there is no clear legal definition of the abuse, making justice feel out of reach.

To make matters worse, India lacks specialized support systems for deepfake victims. Most do not report cases due to fear of re-trauma or belief that authorities won’t understand the issue. There is no guaranteed psychological support, no fast-track mechanism for takedown, and limited digital literacy resources. This isolation breeds helplessness and mistrust in the justice system — a dangerous mix that discourages victims from speaking out.

GROUND REALITIES: STRAPPED IN THE AGGRIEVED LEGAL SILENCE

Case 1: Rashmika Mandana Deepfake (2023)Popular actress Rashmika Mandana’s hyper-realistic deepfake video went viral on social media, showing her in suggestive acts. Despite national outrage, no one was arrested — solely because the law does not recognize AI-based copies as a specific offense.

Case 2: Delhi College Girl IncidentIn 2023, a college student in Delhi discovered a pornographic video circulated in WhatsApp groups of her university, created using a deepfake app with her Instagram photos. The police allegedly refused to register an FIR citing the lack of “real” nudity.

Case 3: Complaints from North-East IndiaThe Mizoram Police Cyber Cell filed more than 50 complaints within three months related to deepfake apps producing nude materials of women from profile pictures — most of the cases ended only with warnings.

These are not just legal failures. They are moral betrayals — where victims are left alone to deal with humiliation, while criminals roam free.

HOW THE WORLD IS REACTING: A COMPARATIVE VIEW

Other jurisdictions have started recognizing the dangers of misuse. India can learn from the following models:

United Kingdom

• Platforms are mandated to rapidly detect and remove such material.

• Even the intention to create such content, not just the act itself, is punishable.

United States

• States such as California, Virginia, and Texas have passed laws that criminalize the creation, sharing, or possession of non-consensual deepfake sexual content.

• Federal bills like the Deepfake Accountability Act are in progress.

European Union

• The Digital Services Act (DSA) mandates quick takedown of harmful materials by tech platforms.

• The AI Act classifies misuse of general AI tools as a serious offense, especially in cases of sexual abuse.

These progressive steps show how legal innovation can keep pace with technological development — something India should adopt immediately.

FURTHER ROAD: WHAT SHOULD INDIA DO

To protect its citizens, especially women, from digital sexual violence, India needs immediate and bold reforms:

1. Define Deepfake and AI Misconduct in Law

A new provision under the IT Act or IPC should criminalize the creation, distribution, and possession of deepfake sexual materials, particularly if done with intent to harass, with enhanced punishment.

2. Fast-Track Takedown Mechanism

Like the EU DSA, India must establish a 24-hour emergency takedown system through intermediaries such as Meta, X, and Telegram — imposing heavy fines for non-compliance.

3. Strengthen Victim Support

Provide free legal aid, mental health assistance, and digital evidence support through a National Cyber Cell Task Force.

4. Regulate AI Tools and Platforms

Apply compulsory watermarking or AI-labeling for materials generated using synthetic tools. Impose restrictions on apps that promote sexually explicit deepfake generation.

5. Police and Judicial Training

Launch a cybercrime sensitization program for police and judicial officers on handling AI-related sexual abuse cases.

CONCLUSION

AI-generated sexual abuse, especially through deepfakes, is redefining the threat landscape for women in India. When a fake video can destroy someone’s dignity, career, and mental health, the absence of specific legal protection becomes a grave injustice.

The current legal system, rooted in pre-digital thinking, fails to capture the severity of this emerging crime. India must urgently adopt tech-forward, victim-centric laws, establish faster redressal mechanisms, and recognize deepfakes as a serious violation of consent and privacy.

The longer we ignore this threat, the more we normalize digital violence.

“Justice in the age of AI should be fast, clever, and kind — or justice will be a deepfake itself.”