Free Expression Rationales and the Problem of Deepfakes Within the E.U. and U.S. Legal Systems
33 Pages Posted: 7 Jan 2020
Date Written: December 13, 2019
Political actors are increasingly turning to deepfakes, realistic video clips that depict a person saying or doing something they never said or did, to mislead and manipulate public discourse. These video clips, which are becoming easier to create, are emerging as a global concern in online information environments that are already congested with false and misleading information. As nations seek to limit the influence of these fake videos, they are likely to encounter significant questions about freedom of expression. This paper examines the legal rationales for free expression in the E.U. and U.S. legal systems, ultimately seeking to identify conceptual building blocks for how deepfakes that pose a threat to democratic discourse can be limited without violating rights that are foundational in both regions.
Keywords: Deepfakes, Artificial Intelligence, First Amendment, Free Expression, European Union
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