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10 - Appropriation of Personality in the Era of Deepfakes

from Part I - Law of Obligations

Published online by Cambridge University Press:  21 March 2024

By
John Zerilli
Edited by
Ernest Lim  and
Phillip Morgan
Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

Deep fakes are a special kind of counterfeit image that is difficult to distinguish from an authentic image. They may be used to represent a person doing any act and are generated using advanced machine learning techniques. Currently, such an appropriation of personality is only actionable if the circumstances disclose one of a number of largely unrelated causes of action. As these causes of action are inadequate to protect claimants from the appropriation of their personalities, there should be a new independent tort or statutory action for the appropriation of personalities which is grounded in the protection of a person’s dignitary interests.

Keywords

Deepfakesprivacytortdefamationappropriation of personality
Type
Chapter
Information
The Cambridge Handbook of Private Law and Artificial Intelligence , pp. 227 - 249
Publisher: Cambridge University Press
Print publication year: 2024

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