AI’s Trojan Horse: The Deepfake conundrum under the criminal justice system

Abstract

This paper seeks to address an emerging challenge in the criminal justice system: the advent of deepfake technology. A concept which can be symbolised as AI’s Trojan Horse – deepfakes, refers to highly realistic AI-generated audiovisual content – which have increasingly become indistinguishable from authentic recordings. Their existence poses unprecedented threats to the integrity of evidence, especially in the criminal law field, which serves as a watershed moment in the administration of justice. The paper’s exploration will begin with a foundational understanding of deepfake technology, delineating its evolution and operational mechanisms. This background is vital, as it sets the stage for understanding the complex legal challenges deepfakes introduce, particularly in undermining the sanctity of evidence in criminal trials. By analysing the potential for deepfakes to compromise a defendant's right to a fair trial, the research will highlight a critical gap in current legal frameworks and evidentiary standards, calling for pressing legal reforms and technological safeguards. Further, the question of appointing a corporate personhood to artificial intelligence will be deliberated upon, touching upon the socio-legal implications of the same. The paper will conclude by reflecting upon the future trajectory of deepfakes and their impact on the legal landscape, affirming the need for ongoing vigilance and adaptation in judicial administration.