Abstract

In a world, where Artificial Intelligence (AI) is rapidly becoming integral to our lives, the increasing dependence on transformative technologies poses unprecedented challenges. While AI offers convenience, its swift evolution raises concern, especially about potential threats to human rights. There has been many discussions on how AI and human rights collide, like posing potential threats to data protection, privacy as well as employment security. This study specially focuses on its profound impact on the Right to Reputation. AI is demonstrated by advanced bots such as, the SORA video generator, which can produce life-like videos, realistic visuals and even mimic speech or voice. These technological achievements introduce a looming threat to individual’s reputations, presenting challenges to the right against defamation. While Defamation is recognized by Indian law as both a Criminal (Section 499, of the Indian Penal Code) as well as a Civil (Section 19 of the Civil Procedure Code and the Law of Torts), the difficulty is increased by the lack of legislation specifically addressing artificial intelligences. This paper aims to explore the legal ramifications of defamation caused by AI in India. With a focus on Article 21 of the Indian Constitution, a fundamental right protecting the right to reputation, (as established in cases like Subramaniam Swamy v Union of India), the paper addresses the absence of specific legislation for defamation relating to Artificial Intelligence (AI). Addressing this gap, the paper poses critical questions: How should such cases be handled, and what legal implications arise? It scrutinizes the ethical dimensions and the responsibility of AI developers and users. By shedding light on these crucial aspects, the research endeavours to navigate the intricate balance between technological advancements and safeguarding individual reputations and a hint at potential threats.

Keywords