Deepfakes as a Threat to Human Rights

Abstract

The paper is devoted to such a new threat to human rights arising amid digitalization as deepfake technologies. The author shows that the use of such technologies is a tool that can have both positive and negative effects. In particular, the use of dipfakes entails a threat to privacy, violations of the honor and dignity of citizens. In this regard, the legislator is faced with the task of developing and implementing a set of measures, the application of which will minimize the possibility of violation of citizens’ rights by deepfake technologies. It is proposed to direct the efforts of the state: to create automated tools for detecting deepfakes with the ability to determine the date, time and physical origin of their contents, and, if there are signs of potential danger, capable of stopping the placement and distribution of deepfakes; development of fact-checking services and tools; regulatory consolidation of requirements according to which mandatory marking of deepfake content should be carried out in social networks and messengers; formation of a regulatory framework providing for responsibility for the creation and distribution of deepfake materials that can damage business reputation, humiliate the honor and dignity of a person. From the standpoint of copyright, it is proposed to consider deepfakes through the prism of a derivative work, in which the use of the original work without the consent of its copyright holder will be illegal. Taking into account the threats of deepfake technologies to human rights, a set of measures has been proposed. Its use will minimize the possibility of violating citizens’ rights by means of these technologies. These measures are: the introduction of a fact-checking mechanism, the development of its services and tools; mandatory labeling of deepfake content in social networks and messengers; the creation of a regulatory framework providing for responsibility for the creation and distribution of deepfake materials capable of damage the business reputation, humiliate the honor and dignity of a person.