What Can And Should The Law Do About 'Deepfake': An Update

Introduction

In March 2018, we published an article titled " What Can the Law Do About 'Deepfake'?", discussing the proliferation of deepfake videos and several causes of action that may be taken against those who create and propagate deepfake material on the internet. Some of these causes of action included those related to copyright infringement, defamation, violation of privacy, and appropriation of personality. We since spoke before a Standing Committee of Parliament about this topic on October 16, 2018, particularly in light of attacks against democratic institutions and societies through "fake news".

This update, largely a summary of our opening comments to the Standing Committee, looks at several additional causes of action and discusses how we (holistically, not just the courts or the government, but as individuals) can limit the deleterious social consequences of deepfake videos. While, certainly, deepfake videos can play a role in social manipulation, it