Legal Aspects of Deepfake
Mostafa ELSAN (Associate Professor of Law, Shahid Beheshti University)
Sevar DEHESTANI (M.A Private Law, Islamic Azad University, Damavand Branch)
Abstract
Deepfake means creating animated content (video) by mimicking, simulating, or replacing a pre-existing face. In the way that the viewer imagines, the produced video is real but it is not real. Deep learning technology, which is based on artificial intelligence, has made it possible to produce such content. This article focuses on the legal aspects of deepfaking and, in particular, the possible abuses of deepfake content. Fake content may be produced and/or distributed with the intent to defraud abuse, deceive the public, or defame a celebrity. The main question is, what legal challenges does deepfake entail, and are the existing Criminal Acts and civil liability regulations responsive to the new situation that has arisen with the spread of deepfake or not? To answer such questions, in this article, the characteristics and practical challenges of deepfake, the use of the provisions of intellectual property agreements to manage deepfake, and legal solutions to reduce and manage deepfake are examined.