DUAL-VICTIMISATION IN THE AGE OF AI-GENERATED DEEPFAKES: PERSONALITY RIGHTS VIOLATION & PUBLIC DECEPTION

Abstract

The sudden rise of deepfake technology, is one of the results of successful Artificial Intelligence (AI) transformation. Today, the deepfake technology has dual-use of showcasing creativity alongside fabricating media. While its initial use was confined to entertainment, its misuse in defamation, privacy violations, manipulation, and fraud has raised significant legal and societal challenges worldwide. The misinformation spreading across the social media platforms has created an urgent need for regulatory intervention and a focus on ethical standards. As tools to create deepfakes become more accessible, they are being used to harm people every day. The paper employs a case study approach to examine the modus operandi of deepfake scams and their associated financial, political, and societal harms. It reveals that such AI-generated content has the potential to undermine public trust in individuals and institutions. The findings indicate that although these deepfake scams do not cause direct physical harm, they influence decision-making, manipulate perceptions, and erode trust. The paper further introduces the concept of dual-victimisation, highlighting that perpetrators target celebrities for their likeness, and the general public becomes the ultimate victim through deception. Deepfake technology gives rise to various challenges including technological, psychological, societal, and legal. The paper applies a doctrinal approach along with content analysis to examine judicial pronouncements and the legal positioning of AI-driven deepfake scams. The findings reveal multiple factors that facilitate the successful execution of the fraud, such as consumer awareness, institutional safeguards, and Indian legal frameworks. The paper concludes with recommendations to promote AI governance, enhance detection mechanisms, and increase international cooperation to expand protection in digital environments.