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A common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology.Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable.By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of a harms-based perspective in regulating deepfake technology, while arguing for a more effective legal response to deepfake consequences.As a parting note, the author also encourages an active conversation between the disciplines of law and computer science so that legal frameworks built to regulate deepfakes are technically feasible, efficiently cover harmful impact, and most importantly, are enforceable.

Publication Details

Journal
eYLS (Yale Law School)
Published
2025-09-03
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
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eYLS (Yale Law School)
Geochemistry and Geologic Mapping
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Abstract

A common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology.Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable.By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of a harms-based perspective in regulating deepfake technology, while arguing for a more effective legal response to deepfake consequences.As a parting note, the author also encourages an active conversation between the disciplines of law and computer science so that legal frameworks built to regulate deepfakes are technically feasible, efficiently cover harmful impact, and most importantly, are enforceable.

eYLS (Yale Law School)
Peace, Justice and strong institutions
Openalex Percentile: Top 53%
Geochemistry and Geologic Mapping
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