Lies and illusions. About deepfakes

Abstract

This contribution deals with the new challenges posed to criminal law by the distortion of reality through the use of artificial intelligence; specifically by means of what are known as ultra-falsifications, understood as image, audio or video content generated or manipulated by an AI that recreates people, objects, places or events with a high degree of realism. Two main groups of cases are dealt with separately depending on whether the possible consequences are limited to damage to personal interests of the affected person or the social perception that others have of him/her, or whether, on the contrary, it leads to the sufferer being forced to come into contact with third parties in real life, with the consequent actual or potential damage to the person concerned or to those who act in reliance on his or her appearance at the most varied levels. In relation to both cases, after delimiting the cases deserving of criminal protection, it is analyzed whether the Criminal Code currently has criminal offenses for its punishment or whether it would be necessary to incorporate, de lege ferenda, some new type of offence.