Artificial Intelligence (AI) is not a new concept to most, but its rapid development and expansion into different areas and sectors in the past few years, especially in the areas of graphic and audio generation, raises eyebrows about the potential risks and harm it could bring about to society.

In Lehrman v Lovo Inc., generative AI clones have compromised human integrity, with two voice actors in New York having their voices cloned without their consent and used for unapproved purposes. AI assisted impersonation presents novel challenges and reaches new legal territory, as advanced generative AI can create highly realistic photos, videos and audio recordings that are often indistinguishable from real media.

AI cloning

Using AI to develop a digital version of someone can often allow for some level of interaction, mimicking speech, voice, and knowledge.

Cloning materials are typically accessible online via simple searches, particularly for well-known individuals who often post an abundance of photos, videos, and voice recordings. If someone has a public social media presence, finding materials for cloning them, such as images and audio, is quite straightforward through internet searches.

Defamatory impersonation with the use of AI

The ease of access to AI cloning technology has led to its misuse, including potentially defamatory applications:

  • Deepfake porn: where pornographic material is generated using specific people’s faces, such as celebrities, internet personalities or even normal people being targeted online.
  • Cloned phone calls: where an impersonator clones a person’s voice and uses it in phone calls to the person’s friends and family.

Generative AI is developing at an alarming pace, and proving to be increasingly difficult to differentiate between reality and AI. This is especially true for older generations who may have less of an experienced eye to digital imagery. The increasing prevalence of AI-generated content is a looming risk of an explosive rise in defamatory or impersonation with the assistance of generative software. It may start out as a harmless joke or gimmick, but the implications and possibilities behind these AI functions cannot be ignored.

If you need advice or assistance, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online.

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