The term deepfake has been defined by Cambridge dictionary as “a video or sound recording that replaces someone’s face or voice with that of someone else, in a way that appears real.” These definitions clearly illustrate that deepfakes refer to synthetic media in which a person’s voice, appearance, or behavior can very easily be altered and fabricated. However, deepfakes have become a curse and raised many ethical and societal concerns as it has the capabilities to be a threat in cyber security, forgery, defamation, criminal intimidation, sedition and copyright infringement among many other crimes, their widespread use threatens political integrity, privacy, security, and public trust. While various laws and legislations indirectly address some issues of deepfakes, the difficulty persists as the technology is evolving every day, increasing the potential to harm. As a result, existing laws and regulations fall short in adequately remedying the malice. The present research examines the efficacy of existing legal framework to mitigate the legal concerns arising out of deepfakes. For the purpose of the present research, the existing legal framework of China, Europe Union, United Kingdom, and India in relation to deepfakes will be considered and compared through the doctrinal method. The research expects that by addressing the grey areas in the existing legislations, a scope of enactment of a new legislation on the specific area of deepfakes may be introduced.

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Deepfakes: Navigating Ethical Concerns and Legal Frameworks

  • Ankita Roy,
  • Shrabana Chattopadhyay,
  • Shambhu Prasad Chakrabarty

摘要

The term deepfake has been defined by Cambridge dictionary as “a video or sound recording that replaces someone’s face or voice with that of someone else, in a way that appears real.” These definitions clearly illustrate that deepfakes refer to synthetic media in which a person’s voice, appearance, or behavior can very easily be altered and fabricated. However, deepfakes have become a curse and raised many ethical and societal concerns as it has the capabilities to be a threat in cyber security, forgery, defamation, criminal intimidation, sedition and copyright infringement among many other crimes, their widespread use threatens political integrity, privacy, security, and public trust. While various laws and legislations indirectly address some issues of deepfakes, the difficulty persists as the technology is evolving every day, increasing the potential to harm. As a result, existing laws and regulations fall short in adequately remedying the malice. The present research examines the efficacy of existing legal framework to mitigate the legal concerns arising out of deepfakes. For the purpose of the present research, the existing legal framework of China, Europe Union, United Kingdom, and India in relation to deepfakes will be considered and compared through the doctrinal method. The research expects that by addressing the grey areas in the existing legislations, a scope of enactment of a new legislation on the specific area of deepfakes may be introduced.