Cyborgs in court

The Legal Side of AI Face Swap

AI clashes with the law and everyday ethics almost every second of the day, and in response to this tension and the growing influence of AI software, governments and groups have begun adopting new legislation and placing unwritten rules on paper for once. A casual user of Face Swap tech might not be concerned with these changes, but it is the casual user who is most likely to break some of the laws and step into the no-no space. For those who wish to make a business out of Face Swap as a service provider or a company using the tool, adhering to the small number of laws and expectations is a must because it just happens that a professional back is a larger target. We'll tackle the general regulations for common users, but we will also dive into the specifics for business and marketing.

The Three Main General Laws

Currently, there is no one law that encompasses all of Face Swap and Deepfake ecosystems, although certain countries and institutions do provide a guide to using AI (such as UAE's Deepfake Guide). Generally, these laws will be sprinkled through the already existing regulations, such as acts regarding online privacy, copyright laws, and laws regarding the protection of vulnerable citizens.

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Copyright Laws: These laws refer to the usage of any media created by a person or company who claims ownership over it. Laws in this category will tackle concerns about intellectual property infringement, meaning that professionally taken photos and clips from movies will be under scrutiny. To adhere to copyright laws, users must have legal rights through licenses or permission.
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Online Privacy Laws: This category handles every online activity that might endanger the privacy and safety of the users. It covers anything from activities that bring defamation or blackmail, but it also handles the collection of sensitive data like facial biometrics and likeness, as well as unlawful usage of private information (such as pictures and voices) without permission.
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Protection Of Vulnerable Persons: Most famously, laws like these handle the safety of minors and ensure that the rights of children are assured at all times. In certain countries, it can also apply to the rights of women or other people who could be placed in exploitative situations.

As A User, You Can and Can't

From this alone, you, as a user, don't have to wrack your brains too much over it. One could say that laws like this are obvious, but having them cemented in letters is often the only way to ensure general compliance. Even so, people still find ways of dodging the laws, even if disregarding the law is a terrible decision. You can use any media as long as you have rights and permission to use it, and in some cases, you can even rely on the Fair Use laws if you plan to use them for education. Otherwise, you will not be able to use this swapped content for anything other than recreation. Using the likenesses of private individuals is highly illegal, and so is using their private data in any other way.

Using Deepfakes and Face Swap In Marketing

The private sector is relatively tame, albeit wild, and a breeding ground for misuse. The same cannot be said for the business end of the spectrum, where companies are rubbing shoulders with the scary laws. If the goal of creating Face Swap or Deepfake content is meant for marketing purposes or commercial transactions, there are a few more steps that need to be adhered to. The specifics of the laws vary based on the region, but there is a general trend that needs to be followed.

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Label The Content: Transparency is one of the more essential requirements found in many laws, and it warrants that any business using AI-altered or generated content needs to label or notify the viewer about the nature of the Deepfake in a reliable way. A good rule of thumb is to also state how the content was modified.
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Respect Existing Privacy Laws: To avoid drawing scrutiny from laws regarding privacy, make sure to state how the AI was trained and what the altered piece was, this way ensuring that any likeness to a public or private figure is not an infringement on the privacy laws. Take due diligence to parse any suspicious AI content.
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Gain Permission From Public Figures: If you plan to use a public figure for your business, such as an actor or an online influencer, you will need to establish a legally binding contract or gain their permission in other ways.
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Handle Personal Data With Care: If you are in possession of private data in any shape or form, you will need to take detailed measures to ensure that this data is kept safely and that proper safety procedures are maintained.
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Use Respected AI Services: When choosing an AI provider, choose sources that are respected and follow the laws strictly. partnering with such services ensures support in the event of an incident. Such services are likely to help you follow the law with their fair practices, support, and transparency. Some AI firms with good reputations even provide guidelines for fair use of their services.

Know The law

Political regions that have tangible laws concerning the use of AI are:

China with its 2023 legislation Provisions on the Administration of Deep Synthesis Internet Information Services;
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The European Union with the Digital Services Act and the newer EU AI Act;
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United Arab Emirates, which has the Deepfake Guide from the Counsel for Digital

Wellbeing and the Federal Law No. 45 of 2021 on the Protection of Personal Data;
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Saudi Arabia already possesses the legal scaffolding necessary for managing Deepfakes, but you can also find the Generative Artificial Intelligence Guidelines that refer to all users;

Southeast Asian countries such as Vietnam, Indonesia and Thailand already have old laws that can address AI modification, such as the Indonesian Criminal Code, Electronic Information and Transaction Law, and Data Protection Law.

Examine the local and international laws before using Deepfake and Face Sap content, and ensure that the service provider you are using is law-compliant. If need be, contact a lawyer who deals with laws relating to AI. Hopefully, we managed to help you understand some of the main law points.

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