Navigating legal challenges of deepfakes in the American context: a call to action

Abstract

Deepfakes are a rapidly growing technological trend that is revolutionizing many digital processes, from media production to digital access. They offer various advantages for both users and creators alike. For example, they can provide entertainment value by allowing users to create humorous or satirical versions of existing media content without having to film new scenes. They can also automate production workflows by generating background characters or extras for movies. Additionally, deepfakes could be used in healthcare applications, such as virtual avatars for doctors who require assistance during consultations with patients located far from hospitals or clinics. However, deepfakes also pose a threat to society as they can be used for malicious purposes, including spreading false information or exploiting the likenesses of others for financial gain. To address these concerns, various types of regulations have been introduced across jurisdictions worldwide. These laws prohibit doctored audio recordings and visual materials aimed at influencing election outcomes. Some countries have even gone as far as requiring companies producing deepfake materials to identify themselves as such, to make audiences aware that what they are seeing may not always be authentic representations of events. In this paper, the author will discuss what deepfakes are, their potential benefits and risks, the various types of deepfakes that exist, and how the USA has attempted to regulate them. The author will also suggest some policy recommendations aimed at mitigating the risks associated with deepfakes while still preserving their creative potential.