Deepfake: the increasingly common and dangerous practice of manipulating images

We had an episode recently that drove a lot of people crazy. Especially those who believe what they see and read, regardless of whether it is true or not. It was the release of footage allegedly arresting former US President Donald Trump.

It is clear that he was not arrested, but the footage is very, very realistic and the question is: How was this done? reply: of course through technology, by manipulating the images until we get the result.

Using this technology to manipulate images and videos is an increasingly common and dangerous practice as anything can be combined with impressive realism.

Someone The techniques used in these images were deepfake.. A technique that uses artificial intelligence to create fake and believable videos by replacing faces or voices in existing recordings. While the technology has legitimate uses, such as creating movies or animations, it can also be used for deep fraud, defamation, fraud, and even political purposes, as in the case of Trump.

But can this be considered a joke? If not, what is the legal responsibility of the producers of this material for the damage that may occur? And this is no simple meme. A joke without major consequences. Imagine if it was you, your mother, father, child, husband or wife. In Brazil, the production and propagation of deep fraud may be considered illegal and subject to civil and criminal liability.

The creator of this material may be framed for libel (taking a video or photo of someone who has committed a crime), libel (putting together material that shows a person cheating on their spouse), as the case may be. or insulting (producing an image or video of someone to say they’re a punk doesn’t work). Simple examples, but this one shows how far this can go.

In 2018, the National Congress passed Law 13,718/2018 amending the Penal Code to symbolize the unauthorized dissemination of pornographic images. Article 218-C of the Penal Code provides for a prison sentence of one to five years for anyone who produces, photographs, films or records in any way nudity scenes or intimate sexual acts without the consent of the victim. However, I think this type of crime is only applicable to a real case where the victim is actually photographed and not used in such a scene as her face or body, as there is no actual nudity scene.

However, with regard to civil liability, the Civil Code and the Civil Rights Framework for the Internet (Law nº 12.965/2014) establishes the responsibility of who produces this material, and even more so are the pecuniary penalties (in cash) that the person will bear. producing and disclosing that content.

In summary, Deepfake can be a dangerous technique when used illegally. Brazilian legislation provides civil and criminal liability to those who produce and distribute it.