The development of artificial intelligence brings not only innovation but also new threats. One of the most controversial and alarming phenomena of recent years is deepfake technology — a tool that enables the creation of realistic yet completely fabricated audio and video materials. Although the technology itself can be used for artistic or educational purposes, its potential for abuse is enormous. The use of a person’s image without consent, identity theft, blackmail, or defamation are just some of the possible consequences.
Deepfake – a neutral tool or a digital weapon?
Deepfake is a technology based on artificial intelligence algorithms that allows the generation of materials that appear authentic, even though they are not. It can be used to create special effects in films, but just as easily it can be used to depict a person in situations that never took place — for example, in sexual, criminal, or political contexts. As a result, it leads to violations of personal rights, privacy, and even individual security.
As Dr. Joanna Łuczak-Tarka from the University of Łódź points out, combating deepfakes is not only a matter of protecting privacy but also of maintaining the stability of the legal order. In an era of digitalization of social, professional, and political life, the scale of threats grows in proportion to our presence in the virtual space.
A gap in regulations – a global problem
Current legal regulations are unable to keep up with the pace of technological development. Dr. Łukasz Kodłubański from the University of Gdańsk emphasizes that the law cannot foresee all possible uses of new tools, and legislative responses are often delayed. In Poland, this problem has also been recognized by the President of the Personal Data Protection Office, Mirosław Wróblewski, who calls for urgent legislative changes.
In his view, deepfake technology can lead to serious violations of personal data, and current regulations—both civil and criminal—do not provide effective protection. Although the Copyright Act requires consent for the distribution of an individual’s image, and the Civil Code protects personal rights, in practice it is difficult to remove harmful content from the internet quickly and effectively.
Is Polish criminal law sufficient?
The use of deepfakes can potentially constitute several offenses, such as:
- Identity theft (Art. 190a §2 of the Penal Code)
- Coercion to engage in specific behavior (Art. 191 of the Penal Code)
- Distribution of the image of a naked person without consent (Art. 191a of the Penal Code)
- Production and distribution of pornographic content (Art. 202 of the Penal Code)
- Defamation and insult (Arts. 212 and 216 of the Penal Code)
- Fraud (Art. 286 of the Penal Code)
However, as noted in legal doctrine, none of these regulations directly address deepfakes. There is a lack of precise definition of the elements of the prohibited act, which makes it difficult to effectively prosecute offenders. Additionally, identifying the creator of the material, their intent, and purpose of action can be very challenging.
AI Act – the European response to the challenges
Hope for improvement comes with the European Union regulation on artificial intelligence adopted in 2024 – the AI Act. It is the first comprehensive legal act in Europe that directly addresses AI-generated content. According to Article 50 of the AI Act, deepfakes must be clearly labeled as artificial, and the use of real individuals’ data without their consent is prohibited. Violating these rules can result in severe financial penalties, which must be implemented in national law.
Examples from abroad – Italy, Denmark, France
Some EU member states have already taken decisive steps. In Italy, a “deepfake” offense has been introduced, punishable by one to five years in prison. The impetus for these changes was a case involving the Italian Prime Minister, whose image was used in fake pornographic videos circulated online.
Denmark has banned the creation of deepfakes depicting real people in sexual contexts, except for satire and parody. France has adopted a law regulating the digital space, which also includes the offense of using deepfakes.
What’s next in Poland?
According to the President of the Personal Data Protection Office (UODO), it is necessary to develop detailed rules on criminal and civil liability for creating and distributing harmful deepfakes. Regulations are also needed to impose obligations on online platforms, including the rapid removal of illegal content and cooperation with law enforcement authorities.
Although current regulations allow offenders to be held accountable, their application requires a complex legal analysis in each case and often does not cover new forms of AI usage. As a result, victims remain without effective protection, while perpetrators go unpunished.
The debate surrounding the regulation of deepfake technology sparks strong emotions within the legal community. Legal scholars and practitioners agree that the current system of legal protection is not keeping pace with the development of artificial intelligence.
Experts from the OVUM Association in Gdynia, which supports individuals affected by technological abuses, emphasize that introducing specific regulations penalizing multimedia manipulation would be a step toward a more adequate legal response. At the same time, they warn against excessive regulation, which could restrict freedom of expression and innovation. In their view, it is essential to balance interests: protecting the individual and preserving creative freedom.
In this debate, however, it should not be forgotten that criminal liability should not be the only means of protection. It is also necessary to develop civil and administrative instruments that enable the rapid removal of illegal content from the internet and the effective pursuit of compensation. In this context, the proposed regulations implementing the EU AI Act will play a crucial role in defining the obligations of providers and users of generative systems.
Regardless of the lack of comprehensive regulations, mechanisms already exist that allow businesses to protect their interests against deepfakes. If you or your company have encountered a similar issue, we invite you to contact AJ LAW Law Firm.