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NLJ this week: Deepfake risks & a serious lack of remedies

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The use of deepfake technology is on the rise, and can look alarmingly realistic. Consequently, there is vast potential for harm. But can existing laws provide any protection against malicious use? 

In this week’s NLJ¸ Liam Tolen, senior associate, and Chris Fotheringham, solicitor, at Ashfords, assess the potential risks and remedies.

Tolen and Fotheringham find the current law lacking in scope and the Online Safety Bill missing any specific civil remedy for deepfake harm. They consider current laws, including the common law right to bring a claim for passing off. However, they note that a ‘regular person who isn’t a celebrity’ could have difficulty proving the requirements for a passing off claim. 

Read more on the rise of deepfakes here.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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