China's supreme court issues legal liability guidelines as AI deepfake headache grows

China’s Supreme People’s Court has moved to set proper guidelines on who faces legal liability for AI deepfakes and voice cloning in a September 7 attempt to install guardrails around AI-generated content.

Artificial intelligence technology has developed to the point where anyone can generate convincing digital doubles by simply scraping a few photos or short recordings from the internet or social media and propagating that content for financial gain or to drive narratives.

China draws the line around consent 

According to China’s Supreme People’s Court, the line separating AI content based on a person’s replica from legal to illegal is consent. You infringe on someone’s rights when you create or share an AI recreation of someone, their face or voice, without that person agreeing to it. 

The level of infringement grows when that AI replica is used to spread false claims or run false narratives. 

When the intent of the fake content becomes malicious to the extent of false and defamatory sexual claims, the victim can fast-track action by asking for an injunction instead of waiting for a long, drawn-out court process.

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