Äger jag mitt ansikte? En analys av individens rättsliga skydd mot deepfakes

Sammanfattning

Recent developments in artificial intelligence have enabled the creation of AI-generated media, such as images and videos. Over time these have been known as deepfakes, which can convincingly depict real individuals in multiple different scenarios. This technological development raises questions regarding how well-equipped Swedish law is to protect individuals personal integrity against this new form of media. The purpose of this thesis is to ana-lyse the current Swedish legal system in regard to how it would treat deep-fakes. In addition, it will also highlight the legal possibilities and limitations in the current legal framework. The thesis examines personality rights, copyright law, legislation concerning name and image, the Swedish Instrument of Government and the European Convention on Human Rights, as well as the General Data Protection Regulation. All these are presented and discussed in relation to their potential applicability to deepfakes. The analysis shows that no comprehensive protection against deepfakes exists in the current Swedish law. Protection may arise in certain legal areas, however it is often highly dependent on the context in which the AI-generated material is used. Overall, the legal protection against deepfakes appears inconsistent and gives rise to more challenges than effec-tive solutions.