What should I do if someone creates fake nude images using AI?

Answer By law4u team

If someone creates and distributes fake nude images of you using artificial intelligence, also known as deepfakes or non-consensual sexual imagery, you are facing a serious criminal offense under Indian law. You must act immediately to protect your reputation, secure evidence, and bring the perpetrator to justice. Here is a detailed, step-by-step guide on what you should do under the current legal framework in India. 1. Secure and Preserve Evidence Immediately Before taking down posts or blocking accounts, you must preserve every piece of digital evidence. Do not delete anything, and ensure you do not alert the perpetrator prematurely if it might cause them to destroy evidence. Take clear screenshots of the fake images, the profile of the person who posted them, the URLs of the web pages, chat logs, threatening messages, and any comments. Note down the exact dates and times when you discovered the content and any platform metadata available. If the images were sent to you or posted online, record the device information, IP addresses if visible, and transaction IDs if any extortion was involved. This digital trail is vital for the police and cyber cell to trace the offender. 2. File a Cyber Crime Complaint Online and Offline You should report the incident to the National Cyber Crime Reporting Portal at cybercrime.gov.in. This portal allows you to file complaints regarding cyber crimes, specifically prioritizing crimes against women and children, including non-consensual intimate imagery. When filing the complaint, provide all the collected screenshots, URLs, and descriptions. Additionally, visit your local Cyber Crime Police Station or the nearest police station in your jurisdiction to file a First Information Report (FIR). Under Section 154 of the Code of Criminal Procedure, 1973 (CrPC) or the corresponding provisions in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police are mandated to register an FIR when information discloses a cognizable offense. If the police refuse to register the FIR, you can approach the Superintendent of Police or Commissioner of Police, or file a complaint before the jurisdictional Magistrate under Section 156(3) of CrPC or BNSS. 3. Applicable Legal Provisions and Charges The creation and dissemination of AI-generated fake nude images attract severe penalties under multiple laws in India. Under the Information Technology Act, 2000 (IT Act), Section 66E deals with punishment for violation of privacy, which applies when someone captures, publishes, or transmits images of a private area of any person without their consent. Furthermore, Section 67, Section 67A, and Section 67B of the IT Act penalize the publishing or transmitting of obscene material and sexually explicit material in electronic form. Under the Bharatiya Nyaya Sanhita (BNS), which has replaced the Indian Penal Code, several provisions apply. Section 77 and Section 79 of BNS deal with voyeurism and outraging the modesty of a woman, respectively. If the morphed images are used to blackmail, threaten, or extort money from you, additional charges for extortion under Section 308 of BNS and criminal intimidation under Section 351 of BNS will apply. If the victim is a minor, the Protection of Children from Sexual Offences Act, 2013 (POCSO Act) is invoked, which carries extremely stringent punishments. 4. Demand Removal and Take Down the Content You have the right to get this malicious content removed from the internet immediately. Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media platforms, search engines, and website hosting providers are legally obligated to take down non-consensual intimate imagery within 24 hours of receiving a complaint or a court order. Use the grievance redressal mechanism of the specific platform where the images were uploaded, such as Instagram, X, Facebook, Telegram, or any hosting website. Submit a formal takedown request attaching your identity proof and the evidence of the deepfake images. If the intermediary fails to remove the content within the statutory timeline, they lose their safe harbor immunity under Section 79 of the IT Act and can be held liable for abetting the offense. 5. Seek Legal Remedy and Court Injunctions Engage a qualified criminal defense lawyer or cyber law expert to assist you through the legal proceedings. Your lawyer can approach the High Court under Article 226 of the Constitution or file a civil suit for defamation and invasion of privacy to secure urgent injunction orders. A court injunction can direct internet service providers and search engines to block access to the offending URLs globally or within India, and restrain media outlets or individuals from further publishing or circulating the morphed photographs. You can also claim substantial civil damages and compensation from the perpetrator for mental agony, defamation, and loss of reputation. Stay calm, lean on trusted friends and family for emotional support, and let the law take its course to punish the wrongdoer.

Answer By Ayantika Mondal

Dear Client, Making, producing, or distributing fake nude pictures of someone through an artificial intelligence technology could be subject to legal ramifications especially in cases where the content was used for harassment, intimidation, impersonating, defamation, or invasion of someone’s privacy. Depending on the content created, its intended use, publication, sharing, and the character of the person doing so, there could be various applicable offenses. Sections on identity theft, impersonation, infringement of privacy, and the distribution or transmission of any pornographic or obscene information are available in the Information Technology Act, 2000. Other applicable offenses in the Bharatiya Nyaya Sanhita, 2023 may also apply in other circumstances. The government has specifically acknowledged that the provisions in the law apply to some aspects of AI deepfakes. Evidence needs to be preserved before making any request for deletion of the same. These include screenshots, URLs, user names, account numbers, message content, time and dates of the communication, among others. Do not send the images unnecessarily. Complaints can be lodged using the National Cyber Crime Reporting Portal especially in cases involving pornographic content and cyber-crime against women. There is also an option for making complaints at the portal. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Answer By Anik

Dear Client, First, immediately take screenshots of the images, profiles, and URLs as evidence. Next, report the content directly to the hosting platforms for removal. Legally, creating AI deepfakes is a severe crime under India's Information Technology Act. Please file a complaint immediately on the National Cyber Crime Reporting Portal or call the 1930 national cyber helpline for assistance. Thank you for contacting us. If you have any further queries, kindly do not hesitate to contact us again. Thank you!