Under existing defamation law, for example, tabloids regularly get away with running seemingly fake or heavily exaggerated stories about celebrities because it is difficult to prove that the publishers made false statements with “actual malice.” Furthermore, to be actionable, the defamation must also result in actual injury. Proving defamation is also a high bar, especially for celebrities - the most frequent targets of deepfake fascination. And artistic works enjoy broad First Amendment protection that allows them to incorporate celebrities and public figures into stories ranging from parodies like SNL to semi-fictionalized docudramas. In California, for example, the right of publicity only prohibits commercial uses of one’s likeness (e.g., using Harrington’s image to promote a new line of fur coats). In most states, existing defamation, right of publicity and invasion of privacy laws will not reach deepfakes that are non-defamatory and non-commercial. And while current legislative efforts to bridge the gaps where existing law doesn’t reach are happening across the country, some of the proposed new laws could have unintended consequences, particularly for the entertainment industry. But these laws can fall short in curbing the proliferation of some deepfakes.

These videos raise serious potential legal issues, including defamation, right of publicity violations and invasion of privacy. This past month at DEF CON, the world’s largest hacker conference, Democratic National Committee chair Tom Perez used a deepfake of himself to highlight the dangers of deepfakes to attendees. As a result, legislators around the country are sounding alarms about the potential for misuse and misinformation. But others, like the Obama video, are almost impossible to detect as fake without the use of deciphering technology. For example, in the Jon Snow video, his lips don’t perfectly match the speech.

Several of these videos have gone viral recently, from the Game of Thrones joke speech to a PSA where a deepfake version of Barack Obama warns about the dangers of deepfake videos. 'Lessons in Chemistry' and the Ingredients That Make the Show Authentic to the '50s and '60s

Olivia rodrigo deep fake