Definition and technical basis of deepfakes Deepfakes are media content – usually videos or audio recordings – that are manipulated using artificial intelligence (AI) to depict realistic-looking but false scenes or statements. Characteristically, deepfake technologies synthesize faces and voices so authentically that the fake is barely recognizable to the human eye and ear. Common areas of application are politics, entertainment or personal defamation.

Aspects of personality rights and civil law claims The dissemination of deepfakes massively encroaches on the personality rights of the persons depicted. Particularly in the case of compromising, degrading or pornographic depictions, those affected have legal means at their disposal. The basis for this is the general right of personality, protected by Art. 2 Para. 1 in conjunction with Art. 1 Para. 1 of the German Basic Law. Art. 1 para. 1 of the German Basic Law (GG), as well as the right to one’s own image in accordance with Section 22 of the German Copyright Act (KUG). Under civil law, those affected can assert claims for injunctive relief in accordance with Section 1004 BGB analogously and claims for damages in accordance with Section 823 (1) BGB.

Criminal assessment of deepfakes The criminal classification of deepfakes depends heavily on the specific content. The dissemination and production of deepfake content can therefore constitute several criminal offenses. These include, in particular, defamation (Section 186 of the German Criminal Code, StGB) and slander (Section 187 StGB) if false statements are disseminated. Also relevant is the falsification of evidence-relevant data in accordance with Section 269 of the German Criminal Code, especially if deepfakes are deliberately used to deceive in court or official proceedings. However, there are currently no specific criminal offenses that are directly tailored to deepfakes, although legislative extensions are being discussed.

Challenges for platforms and digital infrastructure Digital platforms face considerable challenges due to deepfakes. They are obliged to quickly identify and remove illegal content. However, this is difficult from a technological perspective, as deepfakes are becoming increasingly sophisticated and difficult to identify. From a liability perspective, platform operators are obliged under the Network Enforcement Act (NetzDG) to check reported illegal content immediately and remove it if necessary.

Preventive approaches: Mandatory labeling and technological measures Preventive measures are being discussed to curb the spread of deepfakes, such as mandatory digital labels or watermarks that make it possible to clearly identify authentic content. Such measures could be made mandatory under media law in order to improve the authenticity and traceability of digital content. This technological transparency could be both preventative and repressive.

Legal and practical problems of law enforcement Effective law enforcement in deepfakes is difficult, as their authors often act anonymously and content is distributed across national borders. The international dimension and technical complexity of deepfake cases require increased cooperation between national and international authorities and courts as well as technological expertise to secure evidence and prosecute.

Rights of data subjects and options for action Data subjects have the right to take legal action against deepfake content and demand protective measures at any time. It is recommended to obtain legal support immediately in the event of suspicion, to secure evidence (such as screenshots or videos) and, if necessary, to file a complaint with the law enforcement authorities. In addition, injunctions and summary proceedings in court can be used to limit further damage.

Conclusion on the legal assessment of deepfakes Deepfakes pose a complex and challenging legal problem. The protection of personal rights is just as important as the question of effective criminal sanctions and technical prevention options. In the absence of specific legislative measures, existing legal instruments must be used creatively and effectively in order to effectively counter the dangers posed by deepfakes.