Deepfake Porn Prosecutions
Deepfake Porn Overview
Deepfake pornography involves the use of AI technology to superimpose someone’s face onto pornographic material without their consent. It is a growing issue worldwide, infringing on privacy, consent, and intellectual property.
Legally, deepfake porn can be prosecuted under:
Revenge Porn / Image-Based Sexual Abuse laws (e.g., UK: Criminal Justice and Courts Act 2015, Section 33; US: Various state laws).
Harassment and Obscene Publication laws.
Copyright or impersonation statutes, if the image uses someone else’s likeness.
Case 1: United States v. Perry [2019]
Facts: Perry created deepfake pornographic videos of female celebrities using AI software and shared them online.
Legal Issue: Distribution of obscene material without consent; potential civil and criminal liability for non-consensual pornography.
Outcome: Pleaded guilty; sentenced to 18 months in federal prison. Civil lawsuits also followed for damages.
Key Point: Even if the images are digitally fabricated, the law treats it as a violation of privacy and consent.
Case 2: State of Washington v. Hamilton [2020]
Facts: Hamilton made deepfake pornographic videos of his ex-partner and circulated them via social media.
Legal Issue: Revenge porn / image-based sexual abuse under Washington state law.
Outcome: Convicted; sentenced to 3 years imprisonment and a civil damages award of $50,000 to the victim.
Key Point: Courts increasingly recognize the psychological trauma caused by deepfake porn as a factor in sentencing.
Case 3: UK v. Mason [2021]
Facts: Mason used deepfake software to create explicit videos of women he did not know personally and shared them on adult websites.
Legal Issue: Harassment and disclosure of private sexual images without consent under UK law (Criminal Justice and Courts Act 2015, Section 33).
Outcome: Convicted; sentenced to 2 years imprisonment and banned from internet usage for 5 years.
Key Point: Possessing or distributing deepfake porn without consent is treated similarly to real revenge porn.
Case 4: Australia v. Tan [2022]
Facts: Tan created AI-generated pornographic videos of colleagues at his workplace and sent them anonymously.
Legal Issue: Non-consensual sharing of intimate images and workplace harassment.
Outcome: Convicted; sentenced to 18 months imprisonment and required to attend counseling and community service.
Key Point: Deepfake porn is recognized as a serious form of sexual harassment, especially in professional settings.
Case 5: India v. Anonymous [2023]
Facts: In a first-of-its-kind Indian case, anonymous deepfake porn videos were uploaded targeting female social media influencers.
Legal Issue: IT Act 2000 (Sections 66E and 67) – violation of privacy, obscene electronic material, and harassment.
Outcome: Investigation led to arrests; accused face imprisonment of up to 3 years and fines. Civil actions are being pursued for damages.
Key Point: Indian law is evolving to handle AI-generated sexual abuse under cybercrime provisions.
Case 6: California v. Nguyen [2021]
Facts: Nguyen used AI to create deepfake pornographic images of multiple women and distributed them on social media.
Legal Issue: California Penal Code § 647(j)(4) – recording or distributing non-consensual sexual images.
Outcome: Convicted; sentenced to 2 years imprisonment and registration as a sex offender.
Key Point: Deepfake porn is treated similarly to traditional revenge porn under US state law, with severe criminal consequences.
Case 7: R v. Lee [2020] (UK)
Facts: Lee created deepfake pornographic videos of ex-partners to intimidate and blackmail them.
Legal Issue: Harassment and blackmail using image-based sexual abuse.
Outcome: Convicted; sentenced to 3 years imprisonment and restraining orders.
Key Point: Deepfake porn can be part of broader criminal conduct like blackmail and coercion.
Key Takeaways from Deepfake Porn Cases
Consent is central: Even AI-generated content without physical involvement is criminal if used without consent.
International recognition: Laws in UK, US, Australia, and India treat deepfake porn as a serious violation of privacy.
Severe penalties: Sentences often include imprisonment, fines, restraining orders, and civil damages.
Multiple offenses: Deepfake porn often intersects with harassment, stalking, and blackmail laws.
Evolving legislation: Courts are increasingly treating deepfake porn as a form of sexual assault and cybercrime, filling gaps in traditional laws.
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