Fighting “fake”
The emergence of deepfake technology and its impact on law, media, and intellectual property rights
With the rise of Artificial intelligence, the line between reality and fabricated digital content has become alarmingly blurred. Deepfake technology — a term derived from “deep learning” and “fake” — now allows anyone with access to the right algorithms to create convincing digital imitations of faces, voices, and even full-body motions. This technology, while fascinating, poses serious ethical and legal risks, especially within media, intellectual property (IP), and privacy rights, raising urgent questions for Swiss legal professionals.
As deepfake technology gains traction, it places unprecedented pressure on the Swiss legal framework to address the misuse of AI-driven impersonations. This article aims to explore the current legal landscape in Switzerland, challenges for media and IP lawyers, comparisons with global regulatory efforts, and potential strategies to protect client rights in a digitally manipulated world.
The mechanics and menace of deepfake technology
Deepfakes rely on advanced AI algorithms capable of learning and mimicking human expressions, voices, and gestures. By training on a vast array of real-world data, these models generate synthetic media that can replicate individuals with alarming accuracy. As a result, deepfakes can be used to create fictitious yet realistic scenarios, like an altered speech by a public figure or a fabricated video of a celebrity, that can spread false information or damage reputations.
The risks are particularly concerning for the media industry, which relies heavily on visual and audio content provided by third-party sources. The speed at which deepfake content can spread online amplifies the damage, and unintentional publication of such content can lead to both reputational and financial repercussions for media companies. Swiss lawyers working in media and IP are increasingly confronted with the task of advising clients on managing these risks, as the verification of synthetic media becomes more challenging.
Swiss legal framework on deepfakes: where the law stands
Switzerland’s legal system offers some tools to address issues raised by deepfakes, even though specific legislation targeting this technology is not yet in place. Instead, Swiss laws on privacy, identity, and intellectual property have been applied to address violations related to deepfake misuse.