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What are the requirements for punishment for a deepfake crime involving a celebrity?
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Hello. There is a female idol singer I like. A while ago, using AI, I created a deepfake by synthesizing that female idol singer's face with the body of a pornographic actor appearing in an obscene video. After distributing the related images in a group chat room, I recently received a complaint from the singer's company. I would be grateful if you could tell me the requirements for punishment and its level.
Deepfake crime
Deepfake
Answer to Related Inquiry
Author: 고병준
Hello.
With the recent development of AI technology, a deepfake crime targeting a celebrity is treated very seriously under the law, so it appears difficult to avoid punishment.
This is punished under Article 14-2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, and where it is synthesized in a form that can arouse sexual desire or shame, imprisonment for up to seven years or a fine of up to 50 million won may be imposed.
In addition, mere creation alone may not be punishable, but distributing it or sharing it in a group chat room is recognized as having a clear purpose of distribution and therefore meets the requirements for punishment.
In particular, where it is distributed for profit, you may be subject to aggravated punishment of imprisonment for up to seven years, so caution is needed.
You should note that a deepfake crime targeting a public figure such as a celebrity can lead to defamation and infringement of personality rights, and can result not only in a criminal complaint but also in a civil claim for damages.
Therefore, even if your conduct stemmed from mere curiosity, it is regarded as a serious crime and may entail strong legal liability, so I recommend that you promptly respond with the assistance of an attorney.
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