Deepfake technology has become one of the most disruptive forces in the digital world, with profound implications for individuals, businesses, and entire industries. This technology uses artificial intelligence (AI) to manipulate videos, audio, and images, creating highly convincing yet entirely fabricated content. In the wrong hands, deepfakes can harm reputations, commit fraud, and even influence political outcomes. As deepfake technology continues to evolve, legal systems around the world are struggling to catch up, and new laws are being crafted to address its growing influence.
The Rise of Deepfake Technology
Deepfake technology uses machine learning algorithms to synthesize highly realistic media that can be virtually indistinguishable from real footage. In the past, deepfakes were mostly used for entertainment, digital art, and harmless purposes. However, with advancements in AI, deepfakes have become an increasingly dangerous tool in the hands of malicious actors. They are now being used for a wide range of harmful activities, such as spreading misinformation, defamation, fraud, and identity theft.
One of the most alarming developments in the use of deepfake technology is the rise of deepfake pornography. Non-consensual deepfake porn, often referred to as “revenge porn,” has caused significant harm to individuals, particularly women, whose likenesses are used without consent. With deepfakes, anyone can create a fake video featuring a person saying or doing things they never did, damaging their reputation and privacy.
Legal Risks Posed by Deepfakes
As deepfake technology becomes more widespread, it presents multiple legal risks that must be addressed. Below are some of the primary legal concerns raised by the use of deepfakes:
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Defamation and Reputational Damage
Defamation is perhaps the most significant risk posed by deepfakes. Videos or audio recordings can be altered to create a false narrative about an individual, making them appear to say or do something they never did. This can severely damage a person’s reputation and lead to legal action for defamation.
For example, consider a scenario where a politician is falsely portrayed in a deepfake video making racist comments or endorsing harmful ideologies. Such a video could damage their career, affect their credibility, and influence public opinion. In such cases, the individual may have legal grounds to sue for defamation, but proving that the video was manipulated could be challenging.
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Violation of Right of Publicity
The right of publicity protects an individual’s likeness and prevents unauthorized use of their image for commercial purposes. Deepfakes raise serious concerns in this area, as they allow unauthorized parties to use a person’s image or voice in ways that violate their right of publicity.
For example, consider a celebrity’s image being used in a deepfake advertisement endorsing a product they have never endorsed. The celebrity could sue the company for violation of their right of publicity, but the ease with which deepfakes can be produced complicates this process.
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Financial Fraud and Identity Theft
Deepfakes also pose significant risks in the financial sector. Cybercriminals can use deepfake technology to impersonate executives, tricking employees into transferring money or revealing confidential information. In a case of deepfake fraud, a criminal might create a deepfake video of a CEO giving instructions to wire money to an account, leading to financial losses for the company.
Additionally, deepfakes could be used to steal a person’s identity. With the ability to manipulate audio and video, criminals could impersonate someone in a convincing manner, tricking individuals or organizations into disclosing personal information.
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Political Manipulation
One of the most concerning uses of deepfake technology is its potential to manipulate elections and public opinion. Deepfakes could be used to create fake videos of politicians or public figures making controversial statements or engaging in illicit activities. These videos could go viral, leading to widespread misinformation and affecting the outcome of elections.
In 2018, a deepfake video of the Nigerian presidential candidate was circulated, which sparked international concern. While this particular case did not significantly influence the election, it highlighted the potential for deepfakes to disrupt democratic processes. The law must evolve to ensure that such manipulations can be identified and effectively addressed.
Legal Frameworks and Responses
To counter the threats posed by deepfake technology, several legal frameworks have been introduced or proposed globally. These laws aim to protect individuals from harm, deter the malicious use of deepfakes, and ensure that digital media manipulation does not go unpunished.
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Malicious Deepfake Prohibition Act
In the U.S., the Malicious Deepfake Prohibition Act was introduced in 2018 to criminalize the creation and distribution of malicious deepfakes. The act specifically targets deepfakes used for the purpose of harassment, defamation, or election manipulation. The law makes it illegal to produce, distribute, or use deepfake videos to intentionally harm individuals or manipulate public opinion.
This legislation is an important step in addressing the growing threat of deepfakes, although it is still in the process of being refined. The law underscores the need for legal protections in the digital age, particularly when new technologies threaten personal privacy and reputations.
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California’s Non-Consensual Deepfake Pornography Law
In California, lawmakers introduced Senate Bill 126, which made it illegal to create and distribute non-consensual deepfake pornography. This law was specifically designed to protect individuals—especially women—whose images are used in fake pornographic videos without consent. Individuals can sue for damages, and the perpetrators may face criminal charges.
While the law addresses one form of deepfake misuse, it highlights the need for more comprehensive legislation that tackles the broader implications of deepfake technology, including defamation, fraud, and impersonation.
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General Data Protection Regulation (GDPR)
In the European Union, the General Data Protection Regulation (GDPR) offers some protections against deepfakes, especially in cases where individuals’ personal data or likenesses are manipulated without consent. The GDPR grants individuals the right to request the removal of inaccurate or harmful content from the internet, including deepfakes that damage their reputation or privacy.
The GDPR also holds organizations accountable for the protection of personal data. If an organization is found to be using deepfake technology in a harmful way, it could be subject to significant fines under GDPR.
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International Legal Collaboration
As deepfake technology becomes a global issue, international cooperation is essential. In February 2025, the U.S., U.K., and Australia coordinated sanctions against Zservers, a Russian web hosting provider associated with the LockBit ransomware syndicate, which was known to use deepfake technology to facilitate cyberattacks. This action marks the growing recognition of the need for cross-border legal frameworks to address the challenges posed by deepfakes.
Hypothetical Scenario: Deepfake in Business Fraud
Consider a situation where a deepfake video of a CEO of a multinational corporation emerges, instructing an employee to wire a large sum of money to an account. The employee, believing the video to be genuine, follows the instructions, resulting in a significant financial loss for the company. The corporation could pursue legal action against the criminals responsible for the deepfake. However, tracking down the perpetrators and proving that the video was manipulated could be challenging without robust digital forensics and evidence.
This hypothetical scenario illustrates the need for stronger legal protections in the financial sector to prevent fraud and protect businesses from deepfake-related financial crimes.
Final Considerations
Deepfake technology presents significant legal challenges that demand urgent attention. As the technology evolves, so too must the legal frameworks designed to address its dangers. Legal precedents like the Malicious Deepfake Prohibition Act and California’s Non-Consensual Deepfake Pornography Law are crucial steps forward, but more comprehensive laws are needed to address the full range of deepfake-related risks.
For businesses, it is essential to invest in robust cybersecurity measures and intellectual property protections to safeguard against deepfake fraud and impersonation. For individuals, understanding the legal tools available to protect one’s likeness is becoming increasingly important.
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