FREEDOM OF EXPRESSION VS. RIGHT TO PRIVACY: A LEGAL AND ETHICAL ANALYSIS OF DEEPFAKES IN THE DIGITAL ERA

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Saood Iqbal Khan, Dr. Simran Singh

Freedom of Expression, Right to Privacy, Deepfakes, Digital Era

Recent advances in artificial intelligence have made it possible to create synthetic videos, voices, and images so realistic that they can easily pass as genuine. These so-called deepfakes have rapidly become both a powerful creative tool and a serious social concern. On one hand, they can enhance artistic expression, education, and political commentary; on the other, they have been widely used to distort facts, damage reputations, and violate personal privacy. The growing ease with which reality can be fabricated exposes deep gaps in laws that were originally designed for human authorship and verifiable evidence. This study explores the increasingly fragile boundary between two essential rights in democratic societies the right to express ideas freely and the right to maintain personal privacy. It examines how deepfakes disrupt this balance, forcing legal systems to rethink long-standing assumptions about consent, accountability, and harm in digital communication. Drawing on examples from diverse legal contexts such as the European Union, the United States, and India, the paper evaluates how various jurisdictions are attempting to control the misuse of synthetic media while still protecting legitimate speech and creative innovation. In addition to legal questions, the paper reflects on the ethical challenges raised by deepfakes, particularly around autonomy, informed consent, and the moral duties of technology developers and online platforms. The analysis suggests that a flexible but firm regulatory framework supported by transparency standards, stronger data protection, and improved digital literacy is essential for addressing the risks of synthetic media. Ultimately, the work argues that societies must aim for a balanced approach that nurtures innovation and open discourse while ensuring individuals are shielded from manipulation, exploitation, and privacy invasion in an age increasingly defined by artificial realities.

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Saood Iqbal Khan & Dr. Simran Singh (March-2026). FREEDOM OF EXPRESSION VS. RIGHT TO PRIVACY: A LEGAL AND ETHICAL ANALYSIS OF DEEPFAKES IN THE DIGITAL ERA. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(3), b466-b475. https://ijnrd.org/papers/IJNRD2603154.pdf

Volume 11 Issue 3, March-2026

Pages : b466-b475

Paper Reg. ID: IJNRD_313255

Published Paper Id: IJNRD2603154

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Author Type: Indian Author

Country: Raisen, Madhya Pradesh, India

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