Appearance vs. Reality: The Effect of Deep Fake and Shallow Fake on the Law of Evidence in Common Law Jurisdictions

Abstract

Throughout history, philosophers have argued that things are not always as they appear. With the rise of Machine Learning, we are faced with the proliferation of highly convincing forgeries known as Deep Fake and Shallow Fake. Indeed, this trend raises concerns about the consequences as the line between reality and fabrication becomes increasingly blurred. Unfortunately, the legal system, the precursor of justice to curb these practices, has now fallen victim to passing off Deep Fakes and Shallow Fakes evidence in courts. 

This paper endeavours to analyse the effect of Deep Fake and Shallow Fake in the evidential litigation system in common law countries. It also focuses on evidential principles in litigation, analysing Deep Fake and Shallow Fake technology, discussing their dangers in court, and proposing recommendations to address this issue.