Deep Fakes

How are deepfakes regulated by the AI Act? What are the main shortcomings of the AI Act in regard to regulating deepfakes?

A woman with digital code projections on her face, representing technology and future concepts.

The EU finally accepted the Artificial Intelligence Act, signaling its commitment to global AI governance. The regulation aims to establish a comprehensive regulatory framework for AI, setting new standards that might serve as a global benchmark in the future. Creating clear and precise rules that would enable the implementation of efficient safeguards for citizens against the manipulative potential of technology was not an easy task, and the EU failed to avoid visible shortcomings. In my study “Deep Fakes and the Artificial Intelligence Act – an Important Signal or a Missed Opportunity?” I raise legitimate questions about the effectiveness of the solutions proposed by the EU in regard to crafting protection against harmful applications of deepfakes. I concentrated on two primary research questions: How are deepfakes regulated by the AI Act? What are the main shortcomings of the AI Act in regard to regulating deepfakes? The EU has taken an important step towards regulating deepfakes, but the proposed solutions are, in my opinion, just a transitional phase. They require clarification, standardization, and, above all, appropriate enforcement. Regulations on deepfakes have not been a priority for the regulatory framework crafted by the EU, but experience with synthetic media teaches us that strict provisions are necessary. Deep fakes can be harmful when misused. We have already experienced that, namely, with attempts to manipulate electoral processes, discrediting politicians, and creating non-consensual pornographic content. These are only selected examples from the entire list of malicious applications. The basis for regulating deepfakes is the protection of citizens against disinformation and a strong focus on strictly political processes. In my opinion, this is a mistake. Statistics on video deep fakes show that non-consensual pornography is a key application, disproportionately targeting women. It contributes not only to the victimization of thousands of female individuals but also to misogyny and deepening gender-based discrimination. Failure to address this issue is, in my opinion, the biggest shortcoming of regulating deepfakes in…