Deepfake and disinformation – What can the law do about fake news created with deepfake?

Abstract

This paper explores the relationship between deepfake and fake news through the lens of the law. It is divided into three main conceptual parts; first, it looks into the conceptual basis, then it explores the relationship between disinformation and deepfake, and finally, it offers an overview of the relevant regulation in the context of deepfake fake news content (in particular, the US, the European and the Chinese regulatory trends). The paper pays particular attention to the legal perception of disinformation in the context of deepfake technology, highlighting the harmful social and legal outcomes involved. It is based on an overview of national and international regulations and of the relevant literature and includes the authors’ proposed solutions to the controversies generated by deepfake disinformation.