Legal Liability for Fake Audio and Video Created with Artificial Intelligence: What Can a Deepfake Victim Do?

The production of a person's face, voice, or image in a manner contrary to reality using artificial intelligence technologies gives rise to new disputes in terms of personality rights, personal data protection, criminal law, and liability for damages. This article examines the legal remedies available where deepfake content is disseminated.

General Overview

With the development of generative artificial intelligence applications, it has become increasingly easy to create audio recordings that make a person appear to have said words they never in fact uttered, or videos giving the impression that they appear in a scene where they were never present.

Such content, generally referred to as "deepfake", gives rise to significant legal problems in terms of personality rights, personal data protection, criminal law, and liability for damages.

The processing of a person's photograph, image, voice, or other data rendering their identity identifiable through an artificial intelligence system must be assessed, according to the manner of use, in terms of personal data protection legislation and personality rights.

The fact that a photograph or an audio recording is accessible on the internet does not mean that such data may be altered and used through artificial intelligence in any manner desired. The purpose of the processing, its legal basis, the scope of the content, and the rights of the data subject must be addressed separately in the light of the specific case.

Can Deepfake Content Constitute a Criminal Offence?

The use of deepfake technology does not in itself constitute a criminal offence in every case. However, depending on the purpose for which the fake content was created and how it was used, offences such as insult, threat, blackmail, fraud, violation of privacy, or offences relating to personal data may arise.

For example, the use of a person's artificially imitated voice to demand money from their relatives will not be assessed in the same manner as content created for humorous purposes containing no other unlawful element.

For this reason, the purpose of the content, the platform on which it was published, the number of persons it reached, the personal data used, and the consequences it produced for the victim must be examined together.

Removal of the Content and Claims for Damages

In respect of artificial intelligence content that infringes personality rights, not only criminal proceedings but also legal remedies aimed at the removal of the content from publication or the blocking of access may come into play.

Depending on the characteristics of the specific case, a claim for pecuniary or non-pecuniary damages arising from the infringement of personality rights may also be considered. Consequences such as damage to commercial reputation, the occurrence of professional loss, or the humiliation of the person in the eyes of society may be of particular significance in the assessment of damages.

Why Is the Preservation of Evidence Important?

Since deepfake content may be deleted within a short period or re-shared from different accounts, evidence must be preserved at the earliest possible stage once a dispute arises.

The link to the content, screenshots, the date of sharing, the user account, and, where possible, the original digital version of the content should be preserved. Where necessary, recourse to evidence determination proceedings and technical examination methods may also come into play.

Conclusion

Fake audio and video created through artificial intelligence give rise to more complex legal problems than conventional social media infringements.

The legal consequence of deepfake content varies according to how the content was created, which personal data were used, for what purpose it was published, and what type of harm it caused to the victim.

Persons whose personality, voice, or image has been imitated using artificial intelligence should assess their file as a whole not only in terms of the removal of the content, but also in terms of criminal investigation, the protection of personality rights, the unlawful use of personal data, and claims for damages.

Legal support may be obtained from MCG Law Firm regarding the removal of content, the blocking of access, the filing of criminal complaints, and the pursuit of claims for damages in disputes arising from fake audio and video created with artificial intelligence.