‘Deepfakes are an increasingly recognized potent mean of disinformation, both in times of conflict and peace. This article examines their impact within the context of Russo–Ukrainian war and applicable legal frameworks. Given the profound societal and individual harms that deepfakes have the potential to cause, more thorough than traditional means of propaganda, we evaluate existing legal norms and propose new regulatory solutions centered on protecting cognitive liberty of individuals. Using various legal methodologies and purposive and extending legal interpretation, we argue that existing regulatory approaches—such as criminalization, transparency mandates, and obligations on service providers—are insufficient and under some circumstances may encroach upon other fundamental rights and freedoms. Therefore, we advocate for future efforts to regulate deepfakes through the establishment of an international or regional right to cognitive liberty, acknowledging the challenges in achieving consensus amid current geopolitical tensions. Our study aligns with the scope of Journal of Cybersecurity as it addresses emerging technical challenges from a multidisciplinary perspective, with a primary focus on the legal aspects of information security. It also briefly touches upon strategic, international relations, and policy perspectives.’
Link: https://academic.oup.com/cybersecurity/article/11/1/tyaf008/8127651
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