Machine learning algorithms can help create fake videos or pictures of someone else without their knowledge or consent. In fact, in 2017, University of Washington’s researchers created a video of Barak Obama who was seemingly discussing important issues. Now, there are software applications such as FakeApp that can help create deepfake pictures or videos for free. FakeApp was created by using Google’s open-source deep learning software program.
The advent of “fake news” has created a new movement in the entertainment and news industries. It has allowed everyone to question the source and validity of journalistic works. So now, deepfake movements and creations are creating new legal predicaments. The relevant issues, include, but may not be limited to, invasion of privacy, false light, and defamation.
The creator or publisher of the deepfake picture or video can put together a seamless video by having access to a base video and several source images of the person’s face. The computer-generated face can look identical to the original person’s face which can create confusion. This confusion can result in monetary damages to the victim. For example, a deepfake video can show the victim saying or doing something wrong which could cause the victim’s loss of employment. Or, in another example, the victim, who is running for political office, may be shown to have said or done something that could impede the election process.