Digital Deception: The Impact of Deepfakes on Privacy Rights
DOI:
https://doi.org/10.15294/lslr.v8i2.13749Keywords:
Deepfake, Deepfake Pornography, Fundamental Right, Privacy, Regulatory FrameworkAbstract
Deepfake technology, which uses advanced artificial intelligence to create synthetic media, poses significant threats to privacy rights. Since its emergence, deepfakes have been used in various malicious ways, raising urgent concerns about their impact on privacy rights. This study investigates the implications of deepfake technology on privacy, with a focus on how it affects individuals and legal frameworks. The research is driven by the need to understand the extent of privacy violations and the adequacy of current laws in addressing these challenges. The article aims to provide a comprehensive analysis of the intersection between deepfake technology and privacy rights. It explores the theoretical implications of deepfakes on privacy, assesses public awareness and concern through empirical research, and evaluates existing legal frameworks in the United States, European Union, and India. A mixed-method approach is used in this article. Doctrinal research involves examining profound impact of deepfake technology on privacy rights and analysing legal frameworks and case law to understand the legal responses to deepfakes. Empirical research includes a survey conducted with diverse respondents in India to gauge public awareness, experiences, and opinions regarding deepfakes and its incursion into privacy rights. The study finds that while some jurisdictions have enacted laws to combat deepfakes, significant gaps remain in protecting privacy rights. Empirical findings reveal varying levels of public awareness and concern, highlighting the need for more robust legal measures and public education. The research underscores the necessity for updated and comprehensive legal frameworks to address the evolving challenges posed by deepfake technology. Recommendations include enhancing legal protections while coming up with technological solutions and increasing public awareness to safeguard privacy in the digital age.
References
“2023 State of Deepfakes: Realities, Threats, and Impact.” Security Hero. September 10, 2024, https://www.securityhero.io/state-of-deepfakes/.
“Deepfake audio of Sir Keir Starmer released on first day of Labour conference.” Sky News. October 9, 2023. https://news.sky.com/story/labour-faces-political-attack-after-deepfake-audio-is-posted-of-sir-keir-starmer-12980181.
“Generative Adversarial Network (GAN).” Geeks for Geeks. Last updated August 9, 2024. https://www.geeksforgeeks.org/generative-adversarial-network-gan/.
“Incident 769: Investigative Journalist Rana Ayyub Targeted by AI-Generated Deepfake Pornography.” AI Incident Database. August 10, 2024. https://incidentdatabase.ai/cite/769/.
Ajder et al. “The State of Deepfakes: Landscape, Threats, and Impact.” Deeptrace. September, 2019. https://finaletheorie.org/download/the-state-of-deepfakes-an-overview/?wpdmdl=30224&refresh=66dfda870b9f11725946503.
California Civil Code § 1708.86 (2020), “California Assembly Bill 602 (AB 602) - Depiction of individual using digital or electronic technology: sexually explicit material: cause of action,” Last accessed August 13, 2024, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602.
California Election Code § 20010(a) (2020).
California Election Code § 20010(a) (2020).
Chesney and Citron. “Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security.” California Law Review 107, no. 6 (2019): 1753-1820. https://www.jstor.org/stable/26891938.
Citron. “Sexual Privacy.” The Yale Law Journal 128, no. 7 (May 2019): 1870-1960. https://www.jstor.org/stable/45098020.
Conger and Yoon. “Explicit Deepfake Images of Taylor Swift Elude Safeguards and Swamp Social Media.” The NewYork Times. January 26, 2024. https://www.nytimes.com/2024/01/26/arts/music/taylor-swift-ai-fake-images.html#:~:text=One%20image%20shared%20by%20a%20user%20on%20X,spread%20despite%20those%20companies%E2%80%99%20efforts%20to%20remove%20them.
European Convention on Human Rights, https://www.echr.coe.int/documents/d/echr/Convention_ENG
European Parliament, “Tackling deepfakes in European policy,” July, 2021, https://www.europarl.europa.eu/RegData/etudes/STUD/2021/690039/EPRS_STU(2021)690039_EN.pdf.
European Union Artificial Intelligence Act, 2023, https://artificialintelligenceact.eu/ai-act-explorer/.
General Data Protection Regulation, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679.
Griswold v. Connecticut, 381 U.S. 479 (1965).
Harwell. “Fake-porn videos are being weaponized to harass and humiliate women: Everybody is a potential target.” The Washington Post. December 30, 2018. https://www.washingtonpost.com/technology/2018/12/30/fake-porn-videos-are-being-weaponized-harass-humiliate-women-everybody-is-potential-target/.
Information Technology Act, 2000, https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf.
International Covenant on Civil and Political Rights, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
K. S. Puttaswamy v. Union of India, 2019 (1) SCC 1
Kugler and Pace. "Deepfake Privacy: Attitudes and Regulation." Northwestern University Law Review 116, no. 3 (2021): 611-680.
Mcgill. “24 Deepfake Statistics – Current Trends, Growth, and Popularity (December 2023).” Contentdetector.AI. May 23, 2024. https://contentdetector.ai/articles/deepfake-statistics/.
Meredith Somers. “Deepfakes, Explained.” MIT SLOAN Schoo. July 21, 2020. https://mitsloan.mit.edu/ideas-made-to-matter/deepfakes-explained.
Moreham. “Privacy in Public Spaces.” The Cambridge Law Journal 65, no. 3 (November 23, 2006): 606-635, https://doi.org/10.1017/S0008197306007240.
Moreno. “Generative AI and deepfakes: a human rights approach to tackling harmful content.” International Review of Law (March 29, 2024): 1-30. https://doi.org/10.1080/13600869.2024.2324540.
Petrosyan. “Number of internet and social media users worldwide as of July 2024.” Statista. August 19, 2024. https://www.statista.com/statistics/617136/digital-population-worldwide/.
Roe. V Wade, 410 U.S. 113 (1973).
Solove and Rotenberg. Information Privacy Law. New York: Aspen Publishers, 2006).
Spring. “Sadiq Khan says fake AI audio of him nearly led to serious disorder.” BBC News. February 14, 2024. https://www.bbc.com/news/uk-68146053.
Texas Election Code § 255.004 (2019), https://texas.public.law/statutes/tex._election_code_section_255.004.
The Bharatiya Nyaya Sanhita, 2023, https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nyaya_Sanhita,_2023.pdf
The Code of Virginia § 18.2-386.2 (2019), https://legiscan.com/VA/text/HB2678/id/1971540#:~:text=Any%20person%20who%2C%20with%20the%20intent%20to%20coerce%2C,image%20is%20guilty%20of%20a%20Class%201%20misdemeanor
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, https://www.meity.gov.in/writereaddata/files/Revised-IT-Rules-2021-proposed-amended.pdf.
Universal Declaration of Human Rights, https://www.un.org/en/about-us/universal-declaration-of-human-rights#:~:text=Article%2012%20No%20one%20shall%20be%20subjected%20to,of%20the%20law%20against%20such%20interference%20or%20attacks.
Wakefield. “Deepfake presidents used in Russia-Ukraine war.” BBC News. March 18, 2022. https://www.bbc.com/news/technology-60780142.
Westerlund. “The emergence of Deepfake Technology: A Review.” Technology Innovation Management Review 9, no. 11 (November 2019): 40, https://doi.org/10.22215/timreview/1282.
Westin, Alan. Privacy and Freedom. New York: Atheneum, 1967. https://archive.org/details/privacyfreedom00west/page/n22/mode/1up .
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