Artificial Intelligence, Deepfake, and the Search for Justice
As a legal professional, I have witnessed many transformations over the years. However, I have never seen digital technologies impact both individual rights and the social fabric as rapidly and deeply as they do today. Especially the current state of AI-powered deepfake technologies raises a fundamental question for all of us: Can we still trust reality?
Today, a person’s face, voice, even gestures and expressions can be replicated without their knowledge or consent using just a few pieces of software. The resulting content can show someone saying things they’ve never said, or being somewhere they’ve never been. This not only threatens an individual’s reputation, but also endangers the integrity of public discourse, the fairness of elections, the authenticity of art, and the inviolability of privacy.
The Line Between Reality and Fiction Is Blurring
The development of deepfake technologies has gone far beyond the classic “fake news” debate. We now find ourselves questioning not just the content of a message, but also who is delivering it. This fracture directly undermines one of the fundamental pillars of societal trust: the reality itself.
For instance, a manipulative video created during an election period can alter a candidate’s public image within seconds. Fake content using an artist’s voice or body can result in irreparable moral damage, going beyond just copyright violations. False news produced using copied visuals of journalists can make it nearly impossible for the public to access accurate information.
The Domain Where Law Falls Behind
Technology often advances faster than the law—we already know this. But this time, the situation is far more complex. In the case of technologies like deepfakes, violations are instantaneous, impacts are widespread, and accountability is often unclear.
Who created the content? Who distributed it? Who is responsible? For many legal systems, the answers remain blurred.
Some countries have begun responding to these questions. Denmark is working on a draft law granting every individual copyright over their own face, voice, and body. France has made it mandatory to clearly label AI-generated content. The United Kingdom has introduced prison sentences targeting specifically sexually explicit deepfake videos. The European Union’s AI Act initiative places AI-generated content in a “limited risk” category, imposing transparency obligations on companies.
Legal Gaps, Ethical Dilemmas
Still, these interventions fall short of fully solving the problem. There are countries today that haven’t even defined deepfake technology in legal terms. When content is produced in one country and distributed in another, it raises issues of jurisdiction. And the ethical responsibilities of tech companies remain largely unregulated.
What we need at this point is not just a “prohibitive” legal approach, but a “guiding” one. A new model must emerge—one in which ethical guidelines, sector-specific oversight bodies, user education, and consent mechanisms work together.
The defense of reality should no longer be the duty of individuals alone, but of society as a whole.
Social Transformation and Legal Governance
This transformation is not confined to legal texts. We are in a time when all segments of society—lawyers, media professionals, artists, and technology developers—must act together.
As for me, I feel a responsibility not only as a lawyer, but also as an ethical guide in this process. A future where technology does not erode human dignity, and where rights are not left defenseless against algorithms, is indeed possible. But only if we approach this matter not merely as a “digital” issue, but as a fundamentally human one.
Note: I recommend reading the article prepared by the ADRİstanbul team on this topic, available at the link below.
