• Home
  • About Us
  • Meet The Team
  • Practice Areas
    • Defamation Law
    • Internet Law
    • Corporate Law
    • Ecommerce Law
    • Advertising Law
    • Social Media Law
  • Internet Law Blog
  • Contact Us

Call Toll Free 1-866-570-8585

Find An Office Near You
Speak With an Internet Lawyer Now
RM Warner Law | Online, Marketing, Internet Business Law FirmRM Warner Law | Online, Marketing, Internet Business Law Firm
RM Warner Law | Online, Marketing, Internet Business Law FirmRM Warner Law | Online, Marketing, Internet Business Law Firm
  • Home
  • About Us
  • Meet The Team
  • Practice Areas
    • Defamation Law
    • Internet Law
    • Corporate Law
    • Ecommerce Law
    • Advertising Law
    • Social Media Law
  • Internet Law Blog
  • Contact Us
iPhone 7 showing its screen with FaceApp - AI Face Editor application. | RM Warner Inernet Law Firm

Dive into Deepfakes – Can You Sue For Defamation Over A Deepfake?

January 19, 2020 Posted by Raees Mohamed Cyberbullying, Defamation, Internet Law, Social Media Law 15 Comments

Imagine living in a world where one can create a video of someone else speaking words that they never actually uttered in a way that can be used as comedy or easily mistaken as reality. Well, thanks to a technology known as deepfakes, we are living in that world today. So, what is deepfake technology and why are some Internet platforms implementing this technology while others are banning it? Can a deepfake be defamatory? Are deepfakes illegal?

Deepfake Definition

Deepfakes are a branch of machine learning that uses deep learning technology that applies neutral net simulation to massive data sets to create a fake. Hence the name, “deepfake”.

How Do Deepfakes Work?

The power of artificial intelligence allows machines to learn what a source face looks like at different angles in order to transpose the face onto another source, whether it be a person or a robot, in a way that is similar – and sometimes more realistic- to someone wearing a mask.

Deepfake Examples

One of the most well-known and controversial ‘deepfakes’ video example is the video of speaker Nancy Pelosi that was altered to appear as though she was slurring her words. The video appeared on Facebook and the company was criticized last year for refusing to take it down. In defense, the company claimed they had placed the video under its fact-checking process as well as reducing its reach on the social network, according to the New York Times.

Deepfakes and Facebook

Now after being heavily scrutinized for refusing to remove the Nancy Pelosi video, Facebook is now banning videos that are heavily manipulated by artificial intelligence, I.e. deepfakes. On Monday, January 6th, 2020 Facebook Posted A Blog stating that the social network would “remove misleading manipulated media if it meets the following criteria:

  • It has been edited or synthesized – beyond adjustments for clarity or quality – in ways that aren’t apparent to an average person and would likely mislead someone into thinking that a subject of the video said words that they did not actually say; and
  • It is the product of artificial intelligence or machine learning that merges, replaces or superimposes content onto a video, making it appear to be authentic.This policy does not extend to content that is parody or satire, or video that has been edited solely to omit or change the order of words.”

In other words, what Facebook is mostly concerned with is the role that deepfakes may have in the spread of fake news, especially since Facebook is classified as the No.1 platform for sharing false political stories, according to disinformation researchers.

Deepfakes and Snapchat

While Facebook is increasing their deepfake detection and working to ban malicious AI technology- Snapchat, a different social network, is working on new ‘deepfake’ type features. Snapchat is a picture and video sharing platform famous for its “snapchat lens” that can morph users’ faces into a younger version of themselves (“the baby filter”) or even appear as a dog on screen with a cartoon tongue that comes out of the user’s mouth when they open it. Now, snapchat is hoping to make another feature using deepfake software that will allow users to overlay their face over a selection of pre-made scenes. This means that you don’t have to have tech savvy skills in order to know how to deepfake a video.  TechCrunch reports that Snap Inc. quietly acquired an AI factory in Ukraine for a price believed to be around $166 million in order to create the new feature. 

Deepfakes and Pornography

Deepfakes can be used as a form of sexual harassment as well. Hundreds of users of the telegram messaging app have been victimized by a free deepfake bot that replaces the clothed parts of women’s bodies with pornography, according to CNET. Unfortunately, deepfake phonography is not new, but this new technology has made it much easier to sexually harass and defame people online.

Are Deepfakes Ethical?

When deepfake technology was first introduced, it seemed relatively harmless because it was less realistic. The faces overlapping the videos were glitchy and were most often used for comedy and entertainment purposes. Now that the technology is advancing, the line between entertainment and reality is quickly blurring. It’s very possible that this technology has the potential to spread fake news and can be defamatory. In fact, one could argue that it has already has with the Nancy Pelosi video that made her appear to slur her words. If this technology were to be used for a more malicious purpose, what will the legal repercussions be?

What also is concerning is TikTok’s deepfake feature specifically. Users that do scan their face to use the feature may very well be surrendering their facial scans directly to the Chinese government, as TikTok is owned by a Chinese company. Americans are already suspicious of China using the app against Americans as they have already banned American troops from having TikTok on any government issued device. Snapchat’s feature is less threatening as it appears to be a much more cartoonish deepfake creator with the intention to add more entertainment value to the app. Not to say that TikTok’s feature doesn’t have the same intentions, but with the app being attached to China, it’s hard not to be cautious. The Chinese government already widely uses facial scanning technology in many of their big cities to track their citizens and their habits.

Deepfakes and the Law

What would be legal repercussions for creating deepfake videos that defame politicians, celebrities or businesses? Would it be considered defamation or would it be a different term?

Daniel Warner, a defamation attorney at RM Warner Law, weighs in:

“Depending on the particular facts and circumstances, along with how this technology is used under those facts and circumstances, the use of deepfakes may constitute defamation, false light and/or misappropriation of likeness. Also, it is possible that using deepfakes in a certain manner may rise to the level of criminal conduct. Criminal statutes are very broadly written. For example, under ARS 13-2008, ‘[a] person commits [the class 4 felony of] taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense . . . .’ Under this very broadly written statute, basic use of deepfakes may constitute this criminal offense. At the very least, it is important that people who use deepfakes make it abundantly clear that the use of a third party’s image is fictional. However, even with taking this precaution, the person may still be civilly, and even criminally, liable, depending on the facts and circumstances.”

Only time will tell if deepfakes become malicious enough to be considered criminal conduct, but it is likely that we will begin to see more and more defamation claims that stem from deepfakes.

Deepfake Help

If you are seeking the help from an experienced Internet defamation attorney, look no further than RM Warner Law. Our lawyers know exactly how to litigate cases for both public and private figures. Get In Contact Today.

Tags: deepfakesdefamationinternet law
15 Comments
Share
0

About Raees Mohamed

Raees is a Founding Partner at RM Warner PLC, a corporate and Internet Law firm that caters to startups and entrepreneurs. He is also an adjunct professor of law in the acclaimed Innovation Advancement Program legal clinic at the Sandra Day O’Connor College Of Law in Phoenix. There, he teaches law students how to counsel local entrepreneurs as Rule 39 certified student-practitioners. Raees believes the push for the advancement of innovation and a culture of entrepreneurship should come from academic institutions.

You also might be interested in

lone microphone | RM Warner Inernet Law Firm

Facebook & The “F-Word”: Free Speech

Apr 15, 2019

What is a Public Forum? When the founding fathers first[...]

pizza and ingredients | RM Warner Inernet Law Firm

Papa John’s Saucy Corporate Takeover Issues

Apr 11, 2019

You’ve all heard of Papa John’s, one of the world’s[...]

facebook censorship | RM Warner Inernet Law Firm

Free Speech vs. Government Censorship

Apr 18, 2019

The Internet and the First Amendment are in a constant[...]

15 Comments

Leave your reply.
  • neugmbi@yahoo.com' torrent
    · Reply

    February 2, 2021 at 4:11 AM

    Hi mates, pleasant post and nice arguments commented at this place, I am genuinely enjoying by these. Nydia Chrotoem Fanchette Anthia Ezechiel Fransisco

  • rphines@gmail.com' dizi izle
    · Reply

    February 2, 2021 at 6:08 AM

    Pretty! This has been an extremely wonderful post. Thank you for providing this info. Marta Ogden Mehalek

  • oceanwitnodrama@gmail.com' bluray
    · Reply

    February 7, 2021 at 3:06 AM

    Hello to all, the contents present at this site are actually remarkable for people experience, well, keep up the good work fellows.| Loise Fair Easton

  • sam5534@yandex.com' watch
    · Reply

    February 7, 2021 at 8:21 AM

    Very nice post. I certainly appreciate this site. Keep it up! Feliza Blane Dash

  • nyandwin@gmail.com' hindi movie
    · Reply

    February 7, 2021 at 9:18 AM

    Hi there. I found your blog via Google at the same time as searching for a comparable subject, your website got here up. It seems good. I have bookmarked it in my google bookmarks to come back then. Blisse Leeland Derian

  • rjdsuzie@yandex.com' anime
    · Reply

    February 9, 2021 at 9:10 PM

    you are in reality a just right webmaster. The website loading velocity is amazing. Avrit Tyler Sofko

  • mnitsch76@comcast.net' altyazili
    · Reply

    February 10, 2021 at 1:34 PM

    I think you have noted some very interesting points , regards for the post. Tabby Rikki Michey

  • pharaodbo@gmail.com' yabanci
    · Reply

    February 10, 2021 at 4:18 PM

    Ridiculous story there. What happened after? Thanks! Erma Ashby Gunas

  • sedelmaier@yandex.com' bluray
    · Reply

    February 10, 2021 at 5:39 PM

    Nice post. I learn something new and challenging on sites I stumbleupon on a daily basis. It will always be useful to read content from other writers and practice a little something from other websites. | Maddy Baillie Shanda

  • othamaebrand@yandex.com' erotik
    · Reply

    February 13, 2021 at 10:16 AM

    I was excited to uncover this great site. I want to to thank you for your time just for this fantastic read!! I definitely really liked every little bit of it and i also have you book marked to see new stuff on your website. Gisele Costa Sari

  • red0178@blackplanet.com' turkce
    · Reply

    February 13, 2021 at 11:13 AM

    I actually wanted to write a note to be able to express gratitude to you for these splendid tips and hints you are writing at this website. My considerable internet research has now been honored with wonderful knowledge to exchange with my companions. I would admit that we website visitors actually are extremely blessed to exist in a fine site with so many marvellous people with interesting tips. I feel rather fortunate to have used your entire webpage and look forward to really more fabulous moments reading here. Thanks a lot once again for all the details. Mirelle Jeffy Noland

  • micheliny18@gmail.com' turkce
    · Reply

    February 15, 2021 at 8:54 PM

    Hi there mates, fastidious article and nice arguments commented at this place, I am truly enjoying by these. Agace Andrey Downs

  • music_lam@gmail.com' turkce
    · Reply

    February 15, 2021 at 9:37 PM

    Having read this I believed it was rather informative. I appreciate you finding the time and effort to put this content together. I once again find myself spending way too much time both reading and leaving comments. But so what, it was still worthwhile! Arliene Fonsie Thaddus

  • neonhotpinkcat@yandex.com' erotik
    · Reply

    February 16, 2021 at 3:07 AM

    Very exciting information! Perfect just what I was trying to find! Michaela Shane Dulcia

  • normapallones@yahoo.com' erotik
    · Reply

    February 16, 2021 at 4:05 AM

    Really nice design and good subject material. Please also check my website. I love cars! Averil Anatol Lankton

Leave a Reply

Your email is safe with us.
Cancel Reply

Recent Posts

  • 5 Essential Agreements Every E-Commerce Site Should Have
  • How to Copyright Your Software Idea: 4 Main Steps
  • 10 Reasons Why You Need a Start-Up Lawyer for Your Online Business
  • Anonymous Blogging and Defamation: Balancing Interests of the Internet
  • In Cases of Internet Defamation, Where Can You Sue?

Recent Comments

  • Raees Mohamed on Cyberbullying Lawyer: How to Sue for Cyberbullying with Defamation Laws
  • Sylvia Richards on Cyberbullying Lawyer: How to Sue for Cyberbullying with Defamation Laws
  • WebDirectory on Can I Sue Someone For Leaking My ‘OnlyFans’ Content?
  • Links.M106.COM on Dr. Dre’s Divorce Battle Is Nothing But a “G” Thang: Soon-To-Be Ex-Wife Fights For the Intellectual Property Rights to His Name
  • Website directory on Can Jussie Smollett be Sued for Defamation?

Contact Us

Send us a message and we'll get back to you, asap.

Send Message
Speak With An Internet Lawyer Today Call Now
  • Defamation Law
  • Internet Law
  • Corporate Law
  • Ecommerce Law
  • Advertising Law
  • Social Media Law
Footer Icon PNG White | RM Warner Inernet Law Firm

Recent Posts

  • 5 Essential Agreements Every E-Commerce Site Should Have
  • How to Copyright Your Software Idea: 4 Main Steps
  • 10 Reasons Why You Need a Start-Up Lawyer for Your Online Business
  • Anonymous Blogging and Defamation: Balancing Interests of the Internet
  • In Cases of Internet Defamation, Where Can You Sue?

Tweets by RMWarnerLaw1

  • RM Warner Instagram
  • Blog
  • Terms of Service

Social Icons Widget

  • RM Warner Law
  • 8283 N Hayden Rd Ste. 229, Scottsdale,
    AZ 85258, United States
  • 1-866-570-8585
  • 866-961-4984
  • admin@rmwarnerlaw.com

© 2020 — RM Warner Law

  • RM Warner Instagram
  • Blog
  • Terms of Service
Prev Next