Need a clear distinction between real and AI-generated content: Baijayant Panda

The proliferation of sophisticated AI-generated content, particularly deepfakes, poses a significant challenge to information integrity and individual privacy worldwide. In India, Baijayant Panda's proposed private member's bill, the 'Protection of Personality Likeness from Artificial Intelligence Misuse Bill, 2026,' represents a crucial step towards establishing a legal framework to manage this emerging threat. The bill emphasizes the necessity of a clear distinction between authentic and AI-generated material, aiming to empower citizens to discern synthetic content.

Baijayant Panda

Baijayant Panda, a prominent BJP lawmaker and chairperson of the Committee on Public Undertakings (COPU), is the driving force behind this legislative initiative. His proposal stems from the increasing realism of AI-generated deepfakes, which are becoming nearly indistinguishable from genuine content. Panda's vision for the bill includes mandatory disclosure requirements for any permitted AI-generated imitations, suggesting these could be akin to digital watermarks that validate content authenticity. He argues that just as a watermark helps validate a contract, technological markers could help establish the genuineness of digital content, thereby protecting individuals from misleading synthetic representations.

Panda's bill also addresses the critical issue of consent, clarifying that individuals are free to create AI avatars of themselves voluntarily. The core problem, as he identifies it, arises when someone's likeness is used without their explicit consent, especially in ways that are realistically indistinguishable and deceptive. The proposed legislation carefully carves out exceptions for legitimate uses such as bona fide news reporting, public affairs, public interest, parody, satire, caricature, and artistic expression, provided these are subject to safeguards against deception and substantial harm. This nuanced approach seeks to balance protection against misuse with the preservation of free speech and creative expression.

Protection of Personality Likeness from Artificial Intelligence Misuse Bill, 2026

The 'Protection of Personality Likeness from Artificial Intelligence Misuse Bill, 2026' is designed to create a robust legal shield against the malicious use of AI. A cornerstone of the bill is the requirement for clear disclosure, ensuring that any AI-generated imitation is explicitly labeled as synthetic. This transparency mechanism is intended to prevent deception and allow users to critically evaluate the content they consume. Beyond disclosure, the bill outlines a framework for swift action against harmful deepfakes, including quicker takedowns of non-consensual content.

The legislation also mandates a proper grievance redressal mechanism, placing the onus on both content creators and platforms to act responsibly. If an individual reports AI-generated content that falsely depicts them, the bill suggests it should be promptly removed. This provision aims to provide victims of deepfakes with an effective recourse. The bill's comprehensive approach seeks to establish clear guidelines for the creation and dissemination of AI-generated content, fostering a more accountable digital environment. It acknowledges the rapid evolution of AI technology and attempts to provide a forward-looking regulatory framework.

₹ 10 lakh

To deter serious misuse, the bill proposes a tiered penalty system, escalating with the severity of the offense. For minor infractions, a minor penalty would apply, while more significant misuses would attract higher penalties. Crucially, the bill introduces criminal liability for the most egregious offenses, including imprisonment. Specifically, it proposes a maximum imprisonment of up to three years and a fine of up to ₹ 10 lakh, or both, for individuals who knowingly and willfully create or distribute AI-generated imitations for purposes such as impersonation, fraud, deception, or the creation of sexually explicit or obscene content. This provision underscores the seriousness with which the Indian government intends to treat the malicious deployment of AI technologies.

The inclusion of criminal penalties reflects a recognition that the harm caused by deepfakes can extend beyond reputational damage to encompass financial fraud, emotional distress, and even threats to national security. By setting clear legal boundaries and attaching significant consequences, the bill aims to create a strong deterrent against the misuse of AI. The proposed penalties are designed to be proportionate to the potential harm, ensuring that the legal framework is both effective in protecting individuals and fair in its application. This legislative move positions India among countries actively seeking to regulate AI's ethical and societal implications.