Countering the complex, multifaceted nature of nude and sexually explicit deepfakes: an Augean task?

Abstract

Abstract Manipulated media – images, video, and audio – have proliferated online. Widely available modification software, rudimentary practices, and advanced techniques involving machine learning and artificial intelligence have been used to manipulate media. This article critically explores illegal and nonconsensual nude and sexually explicit (NSE) deepfakes and the measures implemented to counter them. The motivating questions for this analysis are: What measures are in place to counter illegal and nonconsensual NSE deepfakes? Are these measures sufficient? The objectives of this article are three-fold: (1) to identify illegal and nonconsensual NSE deepfakes and illegal uses of them; (2) to critically evaluate the current legal and technological countermeasures available in various jurisdictions to combat illicit and nonconsensual NSE deepfakes; and (3) to make recommendations based on challenges and deficits in existing legal and technological mechanisms employed to tackle them. Ultimately, our findings indicate that there are technologies and legal measures that could effectively reduce the harm experienced by victims if: there is a collective will from the corporate, legislative, and political spheres to effectively execute these changes; and legal liability to remove NSE deepfakes is placed on the online platforms and websites that host and distribute this content.

Keywords

• Deepfake
• Cybercrime
• Technology-facilitated gender-based violence
• Child sexual abuse material