Denmark Proposes Copyright Protection Against Deepfakes
Denmark has introduced a pioneering legal proposal to combat the growing problem of deepfake content online. The new Bill aims to extend copyright-like protections to individuals’ facial features, voice, and appearance. This step seeks to make it illegal to share deepfake content without the consent of the person impersonated. The law is currently in the consultation phase and could set a global precedent in digital rights and privacy.
About Deepfakes
Deepfakes are highly realistic synthetic media created using artificial intelligence. They show people doing or saying things they never actually did. This technology has made media manipulation easier and more convincing. Deepfakes have been used for harmful purposes such as fake pornographic videos, misinformation campaigns, and fraud. Detecting deepfakes has become increasingly difficult for authorities worldwide.
Current Legal Approaches
Most existing laws focus on punishing specific harms caused by deepfakes, such as revenge porn or election interference. These laws target the damage rather than the technology itself. Denmark’s Bill differs by addressing the act of sharing deepfakes regardless of the harm caused. This harm-agnostic approach focuses on protecting individuals’ identities and consent.
Key Provisions of the Danish Bill
The Bill proposes three main protections:
- Imitation protection: bans sharing realistic digital copies of a person’s facial features or voice.
- Performance protection: covers artistic acts including non-verbal or improvised performances.
- Protection for performing artists: targets digital mimicry of musicians, actors, and other performers.
Notably, the Bill extends protection to ordinary people, not just celebrities. It makes sharing realistic deepfakes illegal for up to 50 years after a person’s death. Consent is mandatory for publication. The burden of proof lies with the sharer to show consent was given and can be withdrawn anytime.
Responsibilities of Online Platforms
The Bill holds online platforms accountable for removing deepfake content. Failure to comply may result in heavy penalties. This aims to ensure swift action against unauthorised deepfakes on social media and websites.
Limitations and Challenges
The Bill only restricts publication in the public domain. Creating deepfakes privately remains legal. Satire and parody are not fully exempt but will be judged case-by-case by courts. Enforcement may prove difficult as the law applies only within Denmark’s jurisdiction. Cross-border violations may go unpunished. Critics warn that without efficient enforcement, the law’s impact could be limited.
Global Significance
Denmark’s proposal is among the first to grant specific rights over one’s digital likeness. It may inspire other countries to adopt similar laws. In India, courts have protected celebrities’ images using privacy and defamation laws but have not extended this to ordinary citizens. The Danish Bill marks a shift towards recognising digital identity as a protected personal right.
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