SPOTLIGHT ON DEEPFAKES: MAPPING RESEARCH AND REGULATORY RESPONSES

Abstract

The advent of deepfakes has raised widespread concerns among researchers, policymakers, and the public. However, many of these concerns stem from alarmism rather than well-founded evidence. While research has begun discussing deepfakes’ potential harms and whether existing law is sufficient to counteract them, there is a lack of consolidated knowledge regarding the empirical evidence supporting these concerns as well as the specific regulatory measures developed in response. To bridge these gaps, our methodological approach is two-fold: (1) we provide a systematic literature review to consolidate what is currently empirically known about deepfakes, and (2) a qualitative content analysis of the evolving regulatory landscape. This is to offer a more comprehensive understanding of the deepfake phenomenon and to provide directions for future research and policymaking. The findings highlight gaps in our knowledge of deepfakes, making it difficult to assess the appropriateness and need for regulatory action. While deepfake technology may not introduce entirely new and unique regulatory problems, it can amplify existing problems such as the spread of non-consensual pornography and disinformation. Effective oversight and enforcement of existing rules, along with careful consideration of required adjustments will therefore be crucial. The dynamic nature of deepfake technology also calls for adaptive policy approaches that aim to mitigate harm while protecting individual rights and addressing larger societal issues. Altogether, this highlights the importance of more empirical research to navigate and comprehend the regulatory challenges raised by deepfakes and to develop evidence-based countermeasures.