Дипфейк (deepfake) и уголовный закон

Abstract

Introduction: in the context of digitalization, the dissemination of false information has acquired a completely new content – deepfake not only creates competition for objective coverage of events, processes or phenomena, but claims to replace reality itself. The authors note the unprecedented nature of this problem not just for an individual or state, but for humanity as a whole, since deepfake poses an existential threat to social communication itself. Materials and Methods: the study was conducted on the basis of generally accepted methodology (a combination of general and specific methods of cognition). The work was carried out on the basis of current Russian legislation, the legislation of individual foreign countries, materials from law enforcement practice, scientific literature and publications on the topic on the Internet. Results: the work argues for the conclusion that it is necessary to supplement the domestic model of differentiation of criminal liability with such a qualifying feature as committing a crime “using deepfake technology”. Discussion and Conclusions: the problem of using deep synthesis technology (deepfake) for the purpose of causing harm to legally protected interests requires an integrated approach and does not have a purely legal solution. Taking into account the peculiarities of the technology, there is no reason to say that there are social and legal prerequisites for the criminalization of any actions with deepfakes. Real counteraction involves developing clear criteria for malicious deepfake at a theoretical level, technological solutions for prompt identification and removal of such content, building public-private partnerships in this area, training appropriate personnel with the necessary competencies, and much more.