Deepfake or unreal audio or video simulation in the criminal law

Document Type : Original Article

Author

University of Tehran

10.52547/jlr.2023.230618.2451

Abstract

Deepfake or unreal audio and video simulation in the field of criminal law
Abbas SHIRI (Associate Professor, Faculty of Law, University of Tehran)
Abesrtact
Deepfake, or unreal audio and video simulation, is a new complex technology in the field of artificial intelligence.  This technology can produce an unreal clip of people using the real voice and image, so that it is difficult and even impossible to distinguish it from the real voice and image.  Making deepfakes about celebrities, political officials and ordinary people has spread, because it can convince the audience that these audio and video clips are real.
Deep fics destroys the border of reality or illusion and counterfactual, because it creates a high level of believability in the audience.  Not all cases of deepfake have a criminal aspect.  Rather, it has many legitimate uses, especially in internet games, movies, advertising, education, etc.  However, the impact and wide application and complexity of this technology in distorting the border of truth and lies caused it to be used in the realm of crime with political, racial and commercial purposes, misleading the public.
Criminal cases of deepfake have not been criminalized so far. The possibility of matching computer crimes, production of vulgar, obscene and pornographic content, to defamation and publication of lies with deepfakes, is examined in this article. 
Keywords
defamation, vulgar images, obscenity, pornography, fake news, deep fake, publication of lies, artificial intelligence, computer forgery, deep forgery.

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