A Polish legal expert advises reporting suspected deepfakes to social media platforms, even if not illegal, as a first step to address their spread.
Responding to Deepfakes: Initial Steps
The simplest solution for dealing with deepfakes is to report the content to the platform where it appears, according to Dr. Dorota Głowacka, a lawyer from the Panoptykon Foundation. Even if the deepfake doesn’t constitute illegal content, reporting it is still worthwhile.
Platform Responsibilities and Legal Obligations
If a deepfake violates the law, the platform is obligated to react to the report and remove the material. Failure to do so, knowing the content is unlawful, could make the platform liable.
Even if a deepfake isn’t illegal, reporting it to major social media platforms is recommended. Most platforms have internal policies regarding inauthentic content created with AI and should respond by removing, labeling, or limiting the reach of such material.
Further Action if Platforms Don’t Respond
The course of action if a platform ignores a report depends on whether the deepfake is unlawful. The Digital Services Act (DSA) outlines platform responsibilities and the rights of those reporting illegal content, including a clear reporting process, timely review, and the right to appeal.
Limited Recourse for Non-Illegal Deepfakes
If a deepfake isn’t unlawful, options under the DSA are more limited. Enforcing removal can be difficult, but platforms should still react, especially if the content is misleading, as part of managing systemic risks associated with their services. Reporting to coordinators for digital services, who share information with the European Commission, is advised.
Deepfakes Originating from Foreign Accounts
The origin of the account hosting the deepfake – whether domestic or foreign – is irrelevant to the reporting process.
Deepfakes Using Your Image
If a deepfake uses your image without consent, it likely constitutes illegal content, violating your personal rights and potentially constituting a crime. The mechanisms outlined in the DSA for combating illegal content apply in such cases.
Legal Action Against the Creator
Alongside platform accountability, legal action can be taken against the individual who posted the illegal content, starting with a request for immediate removal, followed by potential lawsuits for damages or reporting to law enforcement if the content constitutes a criminal offense.
