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NLJ this week: Deepfake risks & a serious lack of remedies

© Copyright LexisNexis 2025. All Rights Reserved.
12 May 2023
Issue: 8024 / Categories: Legal News , Cyber , Artificial intelligence , Technology , Defamation , Intellectual property
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The use of deepfake technology is on the rise, and can look alarmingly realistic. Consequently, there is vast potential for harm. But can existing laws provide any protection against malicious use? 

In this week’s NLJ¸ Liam Tolen, senior associate, and Chris Fotheringham, solicitor, at Ashfords, assess the potential risks and remedies.

Tolen and Fotheringham find the current law lacking in scope and the Online Safety Bill missing any specific civil remedy for deepfake harm. They consider current laws, including the common law right to bring a claim for passing off. However, they note that a ‘regular person who isn’t a celebrity’ could have difficulty proving the requirements for a passing off claim. 

Read more on the rise of deepfakes here.

Issue: 8024 / Categories: Legal News , Cyber , Artificial intelligence , Technology , Defamation , Intellectual property
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