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The Elusive Definition of ‘Deepfake’

  • The EU AI Act’s definition of 'deepfake' has been criticised for its vagueness when it comes to digital image manipulation.
  • The new definition was criticised for not taking into account the general influence of AI on consumer applications, and the subjective nature of artistic conventions that predate its invention.
  • Imprecise laws could lead to both a 'chilling effect' and a 'scofflaw effect', hence shifting the responsibility of establishing practical legal definitions on future court rulings.
  • AI-based image-manipulation technologies remain notably ahead of legislation’s capacity to address them.
  • The study suggests that photos 'have never been an objective depiction of reality' due to the subjective nature of cameras.
  • There are some difficulties in reaching a consensus on the subjective stipulation set up by the fourth condition of Article 3(60) of the EU AI Act.
  • The researchers suggest that the current definition of Deepfakes in the AI Act and corresponding obligations are not sufficiently specified to tackle the challenges posed by Deepfakes.
  • However, the study frequently uses 'Deepfake' as if its meaning were self-evident as the term has been notably extended over the last two years and its meaning has been diluted.
  • The researchers intend to encourage interdisciplinary study around the regulation of Deepfakes.
  • The authors argue that such legislation should provide more clarity and be less subjective for efficient operation.

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