Defamation in the Time of Deepfakes

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Gender Law Newsletter FRI 2025#1, 01.03.2025 - Newsletter abonnieren

USA: CRIMINAL LAW

2024

Abigail GEORGE, «Defamation in the Time of Deepfakes», Columbia Journal of Gender and Law, 2024/1, p. 122–172.

This article «argues that deepfakes [i.e. «hyperralistic videos that superimpose one person’s face onto another’s body»] – in achieving photorealism and purporting to be revealing a truth about a person’s sex life – qualify as defamatory. Part I establishes deepfake pornography as a novel and egregious sexual offense facilitated by exponential technological advancements. It then discusses and reveals the shortcomings of legislation not specific to deepfakes, legislation specific to deepfakes, and the common law of torts. Part II canvasses the nature of deepfakes’ harm, establishing them as a sexual offense infringing upon core rights of autonomy, dignity, and reputation. Finally, Part III discusses how deepfake pornography – regardless of whether it is indicated as or known to be fake – is actionable under defamation».

Direct to the article (https://journals.library.columbia.edu)