Deepfake and the criminal law. “De lege lata” and “de lege ferenda” remarks regarding fake pornography

Abstract

The paper discusses the issues of deepfake technology and its use to produce fake pornography (deep porn). The author points out the statutory marks of illicit acts, which can be fulfilled by a person who modifies and distributes movies of a pornographic character. The aim of the paper was to analyze the provisions of the Criminal Code, paying special attention to fulfilling the protective function regarding the person whose image would be used and spread for the purpose of deep porn production, and to the American doctrine representatives’ approach towards this issue. The conducted penal law analysis led to the conclusion that the protection is provided under article 212 (defamation) and article 216 (insult).