Gangnam Criminal Attorney | Gangnam Attorney, Assisted a Client Facing Deepfake Punishment and Obtained a Non-Prosecution Disposition

Out of curiosity, the client entered a Telegram chatroom that synthesized photographs into obscene material (deepfakes).

The client posted a photograph of a classmate (the victim) with whom they were usually close and circulated it with the keyword ‘someone to humiliate an acquaintance.’

In this process, a third party in the Telegram chatroom illegally synthesized the photograph, produced obscene material, and shared it with other participants.

A few days later, the client received word from the victim that a complaint had been filed against them.

The victim learned through an anonymous tip that a deepfaked photograph of their face had been shared, and upon seeing this, the victim immediately reported the client.

The client came to bear legal responsibility related to the photograph and was investigated by the investigative authorities, and within the school, due to victim protection measures, the client faced a school violence disposition as well as civil and criminal litigation.

In addition, the victim was greatly shocked after seeing the synthesized obscene material and was receiving psychological counseling, so it was a serious situation in which the victim was requesting severe punishment of the client.

The attorney stated that a deepfake, a portmanteau of “deep” (deep learning) and “fake,” refers to technology that uses artificial intelligence to synthesize a person's image.

In particular, there are recently many cases in which this technology is used to synthesize the faces of celebrities, influencers, athletes, and other well-known figures into pornography, AV, and other sexual recordings, producing harmful recordings.

Act on Special Cases concerning the Punishment of Sexual Crimes, Article 14-2 (Distribution of False Video Material, etc.)

In addition, a person who possesses, purchases, stores, or views such video material may be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

A representative example of the false video material referred to here is a deepfake sex crime, like the client's case.

Committing this crime results in a heavy sentence and social condemnation.

Because the client had committed the offense against a minor, it was a serious situation in which the client had to bear a school violence disposition as well as all civil and criminal litigation.

The attorney pointed out that deepfake crime, which has occurred frequently in recent times, is a sex crime that should never happen, as it is creating many victims.

The victim becomes a sexual object without their knowledge, suffers psychological distress, and experiences harm to their reputation in society.

In addition, because the material can be misused, such as through further distribution, and may even cause secondary harm, it is increasingly regarded as a serious criminal offense.

With the recent advancement of AI technology, deepfake crime has surged, and legal regulation and the level of punishment are being strengthened.

In fact, in Korea, in 2023 the ‘Act on the Prevention of Distribution of False Video Material’ was amended, strengthening the punishment standards for deepfake crime, and regulation was strengthened, including imposing on online platform operators an obligation to delete illegal content.

The attorney emphasized the characteristic that the client was a minor and argued that the offense was impulsive and arose from a moment of curiosity.

In particular, the attorney argued that, as a 16-year-old high school student, the client's understanding of legal and social responsibility was immature, and emphasized that guidance and rehabilitation were more appropriate than legal punishment.

The client did their best to minimize the victim's harm after the incident occurred.

The client reached an amicable settlement with the victim, offered a sincere apology to the victim, and took practical measures to remedy the harm.

The attorney also asserted that the client had actively worked to reduce the victim's psychological wounds by supporting psychological counseling and recovery programs.