#FactCheck - AI Generated image of Virat Kohli falsely claims to be sand art of a child

Introduction

India plans to draft the first AI regulations framework. The draft will be discussed and debated in June-July this year as stated by Union Minister of Skill Development and Entrepreneurship Rajeev Chandrasekhar. He aims to harness AI for economic growth, healthcare, and agriculture, ensuring its significant impact. The Indian government plans to fully utilise AI for economic growth, focusing on healthcare, drug discovery, agriculture, and farmer productivity. 

Government Approach to Regulating AI 

Chandrasekhar stated that the government's approach to AI regulation involves establishing principles and a comprehensive list of harms and criminalities. They prefer clear platform standards to address bias and misuse during model training rather than regulating AI at specific stages of its development. Union Minister Chandrasekhar also highlights the importance of legal compliance and the risks faced by entrepreneurs who disregard regulations in the digital economy. He warned of "severe consequences" for non-compliance. 

Addressing the opening session of the two-day Nasscom leadership summit in Mumbai, the Union minister added that the intention is to harness AI for economic growth and address potential risks and harms. Mr. Chandrasekhar stated that the government is committed to developing AI-skilled individuals. He also highlighted the importance of a global governance framework that deals with the safety and trust of AI.

Union Minister Chandrasekhar also said that 900 million Indians online and 1.3 billion people will be connected to the global internet soon, providing India with both an opportunity and a responsibility to collaborate on regulations to establish legal safeguards that protect consumers and citizens. He further added that the framework is being retrofitted to address the complexity and impact of AI in safety infrastructure. The goal is to ensure legal guardrails for Al, a kinetic enabler of the digital economy, safety and trust, and accountability for those using the AI platform.

Prioritizing Safety and Trust in AI Development

Union minister Chandrasekhar announced that the framework will be discussed at the upcoming Global Partnership on Artificial Intelligence (GPAI) event, a multi-stakeholder initiative with 29 member countries aiming to bridge the gap between theory and practice on AI by supporting research on AI-related priorities. Chandrasekhar emphasises the importance of safety and trust in generative AI development. He believes that every platform must be legally accountable for any harm it causes or enables and should not enable criminality. He advocated for safe and trustworthy AI.

Conclusion

India is drafting its first AI regulation framework, as highlighted by Union Minister Rajeev Chandrasekhar. This framework aims to harness the potential of AI while ensuring safety, trust, and accountability. The framework will focus on principles, comprehensive standards, and legal compliance to navigate the complexities of AI's impact on sectors like healthcare, agriculture, and the digital economy. India recognises the need for robust legal safeguards to protect citizens and foster innovation and economic growth while fostering a culture of trustworthy AI development.

References:

• https://www.livemint.com/ai/artificial-intelligence/india-to-come-up-with-ai-regulations-framework-by-june-july-this-year-rajeev-chandrasekhar-msde-11708409300377.html
• https://timesofindia.indiatimes.com/business/india-business/india-to-develop-draft-ai-framework-by-june-july-chandrasekhar/articleshow/107865548.cms
• https://newsonair.gov.in/News?title=Government-to-come-out-with-draft-regulatory-framework-for-Artificial-Intelligence-by-July-2024&id=477637

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Introduction

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Over the last few years, several public data breaches in Venezuela have revealed a lack of cohesion and progress in its data privacy system and left many people susceptible to fraud, identity theft and long-term harm via the internet. It is clear from these data breaches that when organizations fail to adequately protect their data, both through cybersecurity failures and weak legal protections, they can lead to problems throughout an entire system through which all individuals in the system could potentially suffer.

Among the more notable breaches are the Movistar Venezuela data breach from 2025 and the Cashea App data leak from earlier this year. Each of these examples demonstrates to some extent how the absence of an adequate privacy regulatory scheme can worsen the results of a data breach.

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The Movistar Breach: A Regulatory Warning (2025)

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Venezuelan digital rights group VE Sin Filtro published a report late in April 2025, which found a database revealed to have been opened onto the internet containing personal information belonging to over 3.2 million Movistar customers. The initial breach contained personal, and confidential, data of Venezuelan citizens such as national identification numbers, full names, city of residence, and phone numbers which could have been exploited to commit identity theft, SIM-swap fraud, and targeted scams.

One significant issue with this situation was that Movistar failed to disclose the breach publicly or contact impacted customers at the time of the disclosure. As a result, there appears to be a significant gap in Sanctions / Other Means of Enforcing Security Countermeasures Laws. Since there are numerous countries that enforce GDPR-style regulations and as such, this matter should lead to a complete investigation and possible fines against those responsible but in Venezuela there is still a lack of accountability.

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Cashea App Leak: A 2026 Data Shock

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A second alleged data breach came to light in February of 2026. It involved a Venezuelan buy-now-pay-later (BNPL) fintech called Cashea App, which is typically heavily utilized domestically. Reports have circulated that threat actors have been offering a database, believed to hold more than 79 million transaction records. This is more than double the size and sensitivity of the data involved in the Movistar Breach.

According to reports, the leaked data included:

1. Bank account details and payment methods
2. Merchant profiles and internal business identifiers
3. Detailed transaction histories with names, national ID numbers, timestamps, and installment data

This level of exposure goes far beyond basic identifiers. Financial transaction histories combined with personal identifiers enable sophisticated fraud, targeted social engineering, and long-term misuse of financial identities. As with the Movistar breach, no official acknowledgment or notification was issued by Cashea at the time of reporting, again underscoring Venezuela’s weak enforcement environment.

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Why These Breaches Matter: The Legal Dimension

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The incidents show us that there is a bigger problem with the way Venezuela has set up its framework for protecting data. For instance, the Venezuelan Constitution recognises the principles of data protection and privacy; however, these rights only exist in a theoretical manner; they lack implementing legislation, procedural clarity, and institutional enforcement.

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Constitutional Basis of Data Protection

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The Supreme Tribunal of Justice (TSJ) stated the core principles for protecting data are found in the Venezuelan Constitution. After the TSJ issued its 2011 ruling, Article 28 of the Venezuelan Constitution gives individuals the right to know what data the state has about them, how the state uses that data, and to correct or delete any harmful data. Article 60 of the Venezuelan Constitution protects individuals' privacy and restricts excessive data collection by the state.

The Constitutional Chamber also put into place additional guiding principles for how to protect personal data, including:

1. The data subject must give prior informed and revocable consent.
2. The purpose for which the data is collected must be specified and only the minimum amount of information necessary can be collected.
3. The data collected must be accurate and of good quality.
4. There are confidentiality obligations for third parties regarding the use of the data.
5. It is the government's responsibility to put into place procedures and mechanisms to monitor compliance with the data protection laws.
6. There are civil, criminal and administrative liabilities for individuals and legal entities that violate the data protection laws.

But, in a civil law country, when courts make rulings, they usually are persuasive only as opposed to being legally binding, and even constitutional rulings cannot be implemented until enabling legislation is passed.

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Absence of a Comprehensive Data Protection Law

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In contrast to the European Union's GDPR (General Data Protection Regulation), the United States' sectoral approach, and emerging Latin American data protection systems such as the ones in Brazil, Chile and Colombia, Venezuela has no independent data protection law. This lack of law leads to numerous types of uncertainty in the realm of data protection laws:

1. No defined data controller or processor obligations
2. No standardized lawful bases for processing
3. No clear breach notification timelines
4. No independent data protection authority
5. No procedural pathway for individuals to seek redress

As a result, data protection in Venezuela is not treated as an independent legal discipline but instead becomes derivative, arising incidentally within constitutional litigation or sector-specific disputes.

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Regulatory Fragmentation and Institutional Weakness

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Due to the TSJ decisions made in 2011, there has been a lack of regulatory action taken in a systematic fashion and instead most actions have been done on a case by case basis as valid incidents arise. The National Cybersecurity Council was established in 2024; however, its function is to support the establishment of cybersecurity infrastructure and has no defined powers regarding the enforcement of privacy.

This creates a fragmented institutional landscape where:

1. Authorities lack clear jurisdiction over privacy violations
2. Companies face minimal compliance guidance
3. Individuals struggle to understand or enforce their rights

The Movistar and Cashea incidents highlight how this fragmentation translates into practical impunity following major data exposures.

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What’s Next? A Legal Opportunity for Reform

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The repercussions of insufficient safeguards for data protection extend past the damage incurred to a person's privacy:

1. Loss of trust in both financial and digital services
2. Heightened likelihood of financial fraud and crime
3. Lack of willingness from foreign companies to conduct business with Venezuela’s platforms.
4. Long-term negative impact on the reputation of domestic companies.
5. Possible inability to access cross-border transfer of data due to other jurisdictions’ decisions to restrict transfers into jurisdictions without cutting-edge enforcement of protections for privacy.

In a digital economy that increasingly requires robust data protection to function successfully, a lack of action to create strong protections will cause a significant economic impact.

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Conclusion

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Major data breaches such as the ones at Movistar in 2025 and Cashea App in 2026 show that constitutional privacy rights alone are insufficient without enforceable legal framework. Privacy laws must move from being just a principle to being a law that has institutions, procedures, and accountability to make sure the privacy of the users is protected.

Now with the global digital economy being so interconnected, not having regulations creates openings for vulnerabilities for people. If Venezuela hopes to protect their citizens, create an innovation-friendly environment, and compete in the global market, they must implement comprehensive data privacy reforms as soon as possible.

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REFERENCES 

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1. https://iapp.org/news/a/venezuela-data-breach-highlights-scattered-privacy-regulation
2. https://www.apolocybersecurity.com/en/blog-posts/ciberataque-a-movistar-que-ha-pasado-a-quien-afecta-y-como-proteger-tus-datos
3. https://darknetsearch.com/knowledge/news/en/cashea-app-data-leak-79m-records-exposed-in-venezuela/
4. https://www.binance.com/en-IN/square/post/294369884695410

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Introduction

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The use of AI in content production, especially images and videos, is changing the foundations of evidence. AI-generated videos and images can mirror a person’s facial features, voice, or actions with a level of fidelity to which the average individual may not be able to distinguish real from fake. The ability to provide creative solutions is indeed a beneficial aspect of this technology. However, its misuse has been rapidly escalating over recent years. This creates threats to privacy and dignity, and facilitates the creation of dis/misinformation. Its real-world consequences are the manipulation of elections, national security threats, and the erosion of trust in society. 

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Why India Needs Deepfake Regulation

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Deepfake regulation is urgently needed in India, evidenced by the recent Rashmika Mandanna incident, where a hoax deepfake of an actress created a scandal throughout the country. This was the first time that an individual's image was superimposed on the body of another woman in a viral deepfake video that fooled many viewers and created outrage among those who were deceived by the video. The incident even led to law enforcement agencies issuing warnings to the public about the dangers of manipulated media.

This was not an isolated incident; many influencers, actors, leaders and common people have fallen victim to deepfake pornography, deepfake speech scams, defraudations, and other malicious uses of deepfake technology. The rapid proliferation of deepfake technology is outpacing any efforts by lawmakers to regulate its widespread use. In this regard, a Private Member’s Bill was introduced in the Lok Sabha in its Winter Session. This proposal was presented to the Lok Sabha as an individual MP's Private Member's Bill. Even though these have had a low rate of success in being passed into law historically, they do provide an opportunity for the government to take notice of and respond to emerging issues. In fact, Private Member's Bills have been the catalyst for government action on many important matters and have also provided an avenue for parliamentary discussion and future policy creation. The introduction of this Bill demonstrates the importance of addressing the public concern surrounding digital impersonation and demonstrates that the Parliament acknowledges digital deepfakes to be a significant concern and, therefore, in need of a legislative framework to combat them.

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Key Features Proposed by the New Deepfake Regulation Bill

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The proposed legislation aims to create a strong legal structure around the creation, distribution and use of deepfake content in India. Its five core proposals  are: 

1. Prior Consent Requirement: individuals must give their written approval before producing or distributing deepfake media, including digital representations of themselves, as well as their faces, images, likenesses and voices. This aims to protect women, celebrities, minors, and everyday citizens against the use of their identities with the intent to harm them or their reputations or to harass them through the production of deepfakes.

2. Penalties for Malicious Deepfakes: Serious criminal consequences should be placed for creating or sharing deepfake media, particularly when it is intended to cause harm (defame, harass, impersonate, deceive or manipulate another person). The Bill also addresses financially fraudulent use of deepfakes, political misinformation, interfering with elections and other types of explicit AI-generated media. 

3. Establishment of a Deepfake Task Force: To look at the potential impact of deepfakes on national security, elections and public order, as well as on public safety and privacy. This group will work with academic institutions, AI research labs and technology companies to create advanced tools for the detection of deepfakes and establish best practices for the safe and responsible use of generative AI. 

4. Creation of a Deepfake Detection and Awareness Fund: To assist with the development of tools for detecting deepfakes, increasing the capacity of law enforcement agencies to investigate cybercrime, promoting public awareness of deepfakes through national campaigns, and funding research on artificial intelligence safety and misinformation.

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How Other Countries Are Handling Deepfakes

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1. United States
Many States in the United States, including California and Texas, have enacted laws to prohibit the use of politically deceptive deepfakes during elections. Additionally, the Federal Government is currently developing regulations requiring that AI-generated content be clearly labelled. Social Media Platforms are also being encouraged to implement a requirement for users to disclose deepfakes.

2. United Kingdom
In the United Kingdom, it is illegal to create or distribute intimate deepfake images without consent; violators face jail time. The Online Safety Act emphasises the accountability of digital media providers by requiring them to identify, eliminate, and avert harmful synthetic content, which makes their role in curating safe environments all the more important.

3. European Union:
The EU has enacted the EU AI Act, which governs the use of deepfakes by requiring an explicit label to be affixed to any AI-generated content. The absence of a label would subject an offending party to potentially severe regulatory consequences; therefore, any platform wishing to do business in the EU should evaluate the risks associated with deepfakes and adhere strictly to the EU's guidelines for transparency regarding manipulated media.

4. China:
China has among the most rigorous regulations regarding deepfakes anywhere on the planet. All AI-manipulated media will have to be marked with a visible watermark, users will have to authenticate their identities prior to being allowed to use advanced AI tools, and online platforms have a legal requirement to take proactive measures to identify and remove synthetic materials from circulation.

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Conclusion

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Deepfake technology has the potential to be one of the greatest (and most dangerous) innovations of AI technology. There is much to learn from incidents such as that involving Rashmika Mandanna, as well as the proliferation of deepfake technology that abuses globally, demonstrating how easily truth can be altered in the digital realm. The new Private Member's Bill created by India seeks to provide for a comprehensive framework to address these abuses based on prior consent, penalties that actually work, technical preparedness, and public education/awareness. With other nations of the world moving towards increased regulation of AI technology, proposals such as this provide a direction for India to become a leader in the field of responsible digital governance.

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References 

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1. https://www.ndtv.com/india-news/lok-sabha-introduces-bill-to-regulate-deepfake-content-with-consent-rules-9761943
2. https://m.economictimes.com/news/india/shiv-sena-mp-introduces-private-members-bill-to-regulate-deepfakes/articleshow/125802794.cms
3. https://www.bbc.com/news/world-asia-india-67305557
4. https://www.akingump.com/en/insights/blogs/ag-data-dive/california-deepfake-laws-first-in-country-to-take-effect
5. https://codes.findlaw.com/tx/penal-code/penal-sect-21-165/ 
6. https://www.mishcon.com/news/when-ai-impersonates-taking-action-against-deepfakes-in-the-uk#:~:text=As%20of%2031%20January%202024,of%20intimate%20deepfakes%20without%20consent. 
7. https://www.politico.eu/article/eu-tech-ai-deepfakes-labeling-rules-images-elections-iti-c2pa/ 
8. https://www.reuters.com/article/technology/china-seeks-to-root-out-fake-news-and-deepfakes-with-new-online-content-rules-idUSKBN1Y30VT/

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