One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X’s cousin, Mr. Y, used a messaging app’s “nudify” bot out of curiosity. Initially, he tested it with his own photograph. However, while attempting to upload another picture of himself, he accidentally selected a screenshot of Ms. Z’s social media profile picture – someone he knew personally who is a private individual, not a public figure. The bot processed this image and created inappropriate deepfake content without Ms. Z’s knowledge or consent. This incident created serious legal implications involving cyber crimes, privacy violations, and potential defamation. The matter came to light when the manipulated image was discovered, leading to significant distress for Ms. Z and potential criminal liability for Mr. Y, despite the accidental nature of the incident.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Immediately delete all copies of the manipulated content and document this action. Contact the victim directly to explain the mistake and offer sincere apology. Report the incident to cyber crime authorities proactively. Preserve evidence of the accidental nature including chat logs and application usage history.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 356 addresses defamation, while Section 79 covers voyeurism-related offenses. The Information Technology Act, 2000, Section 66E punishes violation of privacy through publication of private area images. Section 67 of IT Act deals with publishing obscene material in electronic form. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), investigation procedures for cyber crimes are outlined in various sections dealing with electronic evidence collection and preservation.

If You Are the Complainant

• File an FIR immediately at the nearest cyber crime police station with all available evidence
• Preserve screenshots of the manipulated content before it’s deleted as evidence
• Collect witness statements from anyone who may have seen the content
• Document the psychological impact and any harassment faced due to the incident
• Seek interim relief through appropriate court orders to prevent further circulation

If You Are the Victim

• Document all evidence immediately including screenshots and metadata
• Report to social media platforms for content removal and account suspension
• File complaints with cyber crime authorities and local police
• Consider civil remedies for damages including defamation and mental harassment
• Seek psychological counseling and maintain records for compensation claims

How the Police Behave in Such Cases

Police typically treat deepfake cases seriously due to rising cyber crimes awareness. They usually register FIR under IT Act sections and BNS provisions. Investigation involves technical analysis of devices, digital forensics, and tracking the source. However, proving intent can be challenging in accidental cases. Police may recommend compromise in genuine mistake cases but still proceed with investigation to establish facts.

FAQs People Normally Have

Can accidental creation be a defense? While intent matters in criminal law, the act itself may still constitute an offense. Courts consider circumstances and good faith efforts to rectify.

Is using AI tools for such purposes illegal? Yes, creating non-consensual intimate images through any means, including AI, violates privacy laws and IT Act provisions.

What about the platform’s liability? Platforms hosting such tools may face liability under intermediary guidelines if they don’t have proper content moderation.

What Evidence Is Required?

• Screenshots of the original and manipulated images with metadata
• Chat logs showing interaction with the bot application
• Device forensic analysis showing application usage patterns
• Social media activity logs and download history
• Witness statements regarding circulation or sharing
• Technical expert opinion on image manipulation
• Psychological impact assessment reports

How Long Will the Investigation Take?

Digital forensics investigations typically take 3-6 months depending on case complexity. Technical analysis of devices and applications may require 2-3 months. If the matter goes to trial, resolution can take 1-2 years. However, early settlement through mediation or compromise can resolve matters within 2-3 months, especially in cases involving genuine accidents.

Advocate Sudhir Rao, Supreme Court of India