What is deepfake pornography?

Technology is superb, when used appropriately. However, manipulation of images and videos using artificial intelligence can be harmful for victims. With increasing technology, there has been a rise in situations concerning deepfakes and deepfake pornography.

What is deepfake pornography?

Deepfakes are media in which a person in an existing image or video is replaced with someone else’s likeness. Deepfake pornography is a type of fake pornography which uses existing pornography material, applying deepfake technology to the faces of the porn performers’ bodies.

Harmless images are turned into hardcore porn, or other content, using the deepfake technology.

There are growing concerns about technology being used to create fake pornographic images and videos. It is thought that one in 14 adults in England and Wales have been threatened with their intimate images being shared against their will.

Deepfakes and the law

Due to the rise in manipulated images and videos of this kind, a planned new law will make sharing pornographic deepfakes without consent a crime in England and Wales.

Although sharing such deepfakes will become a criminal offence, a victim of deepfake content may also pursue civil action against someone sharing such content. A victim of deepfake content may have a potential claim for damages such as Breach of Privacy, Misuse of Private Information, Harassment, Defamation and potentially other areas too.

Breach of Privacy

Deepfakes, and more specifically pornographic deepfakes, could amount to a Breach of Privacy. Pursuant to the Human Rights Act 1998, English courts recognise the right to privacy in accordance with the European Convention on Human Rights, which in Article 8 grants a right to respect for an individual’s private and family life, home, and correspondence.

A Breach of Privacy occurs when your private or confidential information is disclosed to a third party, who is not authorised to receive that information. This means that victims may be able to bring a claim for Breach of Privacy if they have been subject to deepfake content.

Misuse of Private Information

Sharing of deepfake content may give rise to a claim for Misuse of Private Information if the deepfake recreates a factual scenario of a sensitive nature. If someone has sent a photograph of themselves, which is then used to create deepfake content, that would constitute misuse of private information. 

Harassment

Harassment is actionable as a civil claim as well as a criminal offence, and if a deepfake video constitutes harassment, a victim may be able to choose which approach to take.

Defamation

Where the deepfake has caused serious harm to a victim’s reputation, the victim may be able to bring a defamation claim.

As usual, technology is moving faster than the law and it will take some time for the law to catch up. The proposed new law will help victims, but until then, they must continue to take more traditional routes to bring claims against offenders. 

Samuels Solicitors has a wealth of experience in dealing with a wide variety of reputation management matters. We help clients remove offending material from online platforms, and to recover damages from opponents. 

If you need advice about deepfake pornography and whether you can bring a claim, contact us today.