AI Deep Fakes and Digital Impersonation in India: Reputation, Privacy and Legal Identity under the IT Rules, 2026

Abstract

Abstract The production and dissemination of digital content have been profoundly changed by artificial intelligence (AI); however, the quick advancement of generative AI has also brought up substantial problems due to the rise of deepfakes and digital impersonation. AI-generated or altered sounds, photos, and videos that can accurately depict a person saying or doing something that never happened are known as "deepfakes." A person's reputation, privacy, dignity, liberty, and digital identity can all be seriously harmed by their misuse. When deepfakes are exploited for financial fraud, political disinformation, sexual exploitation, identity theft, defamation, or non-consensual personal imagery, the issue becomes especially severe. With a focus on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as revised in 2026,[i] this study investigates the legal framework controlling AI deepfakes and digital impersonation in India. The term "synthetically generated information" is introduced in the 2026 amendments, which also place extra requirements on intermediaries to recognize, label, control, and stop illegal synthetic material. The Information Technology Act of 2000, the Bharatiya Nyaya Sanhita of 2023, constitutional safeguards under Articles 19 and 21, and the growing legal acknowledgment of privacy, dignity, reputation, and digital identity are all examined in the study. The study also looks into victim remedies, intermediary liability, the conflict between regulation and free speech and expression, technological issues in identifying deepfakes, and evidential challenges. It contends that while the 2026 IT Rules are a huge step forward in India's reaction to harmful content produced by AI, there are still a lot of loopholes in terms of enforcement, attribution of culpability, cross-border distribution, quick removal, and protection from overregulation. A fair, rights-based, and technologically aware strategy that safeguards people from digital impersonation while maintaining acceptable applications of AI, such as satire, journalism, education, creativity, and creative expression, is suggested in the study's conclusion. [i] Ministry of Electronics and Information Technology, Government of India, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, G.S.R. 120(E), dated 10 February 2026. The amendments came into force on 20 February 2026