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09 February 2024 / David Locke
Issue: 8058 / Categories: Opinion , Criminal , Cyber , Cybercrime , Artificial intelligence
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Taking down the deepfakes

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Legislating against deepfake images seems necessary, but the practicalities are complex, writes David Locke
  • Considers the creators and publishers of deepfakes, and the respective challenges when it comes to prosecuting.
  • Explains the various factors governing the offence threshold that complicate legislative intervention.

The circulation of AI-generated ‘deepfakes’ of Taylor Swift has prompted calls for urgent legislative intervention. Even the White House was moved to offer its support for criminalisation, apparently failing to recognise its own failure to take action despite the proliferation of deepfake technology for many years. However, translating the outrage into workable legislation will prove a significant challenge on both sides of the Atlantic.

The creator

Various deepfake AI programmes are openly accessible online. Anyone can visit a hosting website and request the creation of an image. Typically this is done by selecting preferences across various categories, but leaving significant latitude in respect of the final design. The AI programme will then produce the image. Herein lies a difficulty that is both literal and philosophical: who has ‘created’ the image? Commissioning the creation of an

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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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