Deepfakes And The Shifting Burden Of Scrutiny For Litigators

The increasing sophistication of AI has made it easy to manipulate evidence, and taking steps to triage evidence with procedural diligence and technological support has become the litigator's burden, writes Phil Beckett, the managing director and practice leader of disputes and investigations for the U.K. at Alvarez & Marsal.

The emergence of Large Language Models (LLMs) to create deepfakes and other manipulations of evidence poses a serious threat to the integrity of evidence in both civil and criminal trials. What once seemed a distant concern has become a pressing reality. Two questions now dominate the discussion: are existing evidentiary rules fit for purpose in the face of this technological shift, and how can litigators manage the growing responsibility already being placed upon them?