Regulating deep fakes and synthetic media: Privacy, policy and global regulatory challenges
Abstract
Deep fake technology presents a profound challenge to data protection, privacy and regulatory frameworks worldwide. By exploiting biometric data without consent, deep fakes pose severe threats to privacy frameworks such as the European Union’s (EU) General Data Protection Regulation (GDPR) and India’s Digital Personal Data Protection Act 2023 (DPDPA). The ability to manipulate digital content using artificial intelligence (AI) raises concerns over identity theft, misinformation and biometric data security. This paper examines regulatory gaps, emerging AI-driven detection strategies and the need for privacy-preserving technological solutions. Through a comparative legal analysis, we identify gaps in existing regulations and propose a privacy-centric framework for mitigating deep fake risks. We further examine AI-driven solutions for authentication and policy interventions necessary for global regulatory alignment. Our findings suggest a multitiered regulatory response integrating technology, governance and privacy laws to counter deep fake threats while protecting individual rights. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.
The full article is available to subscribers to the journal.
Author's Biography
Sanya Darakhshan Kishwar is an Assistant Professor at Jindal Global Law School. She is pursuing her Ph.D. from National Law University, Delhi and holds Master’s in Law (LL.M.) from the University of Leeds, U.K. and The Pennsylvania State University, USA. Her areas of research include feminist theories and international human rights law.
Anjali Tripathi is a fourth-year law student at Jindal Global Law School whose work as lead researcher on multiple academic projects reflects her strong scholarship in IP and technology law alongside an interest in creative approaches to legal research. She has also pursued a short term programme on IP laws at the University of Oxford. Her publications include a notable mention in the prestigious Shamnad Basheer Essay Competition.
Sadqua Khatoon is the recipient of the Sir Syed Global Scholar Award 2025. She served as Project Manager for State of Youth (NGO) under the KidsRights Foundation, Netherlands. Sadqua also held the role of Joint Secretary of the International Law and Diplomacy Society at the Faculty of Law, Aligarh Muslim University.
Deepali Poddar is a Law Graduate from Jindal Global Law School with an economics degree and study abroad experience in international arbitration at IE University, Spain. She has interned with top legal institutions such as Chambers of Bharat Chugh, AZB & Partners and the ASG’s office. Her research, covering arbitration, commercial law and gender justice, is published in reputable journals including Statute Law Review (Oxford University Press) and SCC Online.
Bharat Khurana , based in New Delhi, India, is currently a Lawyer at India Law Offices LLP. Bharat brings experience from previous roles at Chambers of HMJ Justice Amit Bansal at Delhi High Court, Chambers of Senior Advocate Sidharth Luthra, Helplinelaw.com and Chambers of Senior Advocate Sanjiv Sen. He holds a 2018–23 BBA LLB (Hons).
