The Civic Platform released an election place in which it utilized the voice of Prime Minister Mateusz Morawiecki reading the email of his alleged author.
Michał Wodek from LEGAL Law Firm, the legal qualification of the Deepfake is simple by means of the electoral code.
There are only 2 reasons to investigate. Firstly, whether it was utilized in the electoral material, which is any communication from the committee made public and established in connection with the ordered elections. In particular, posters, leaflets and passwords, as well as statements or another forms of agitation. And secondly, whether deepfake as specified material contains false information – explains the legal advisor. It states that if the answer to these questions is yes, the candidate or typical of the election committee may apply to the court for a ruling.
It is so possible to consider whether, for example, a note on this subject should be included in a Deepfake spot.
– For the basic issue: whether the election material contains actual or false information, this message is crucial in the legal aspect. surely that is why conclusions were drawn and insecure after any time it began to be placed in the PO place – says Michał Woszczek.
The expert besides points out that the usage of the image of the speaking Prime Minister was to constitute the authenticity of the material.
– If you utilized fairy tale characters or fictional voices specified as the voice of a voice-over, Pinocchio or Donald Duck—abstracting from the issue of copyright to these characters—the message would not be direct. He'd be a satirical shepherd. What the average recipient would not associate with the truth, but with humorous pashquil – he explains.
As he points out, it does not substance that the authenticity of the e-mails to come from the Minister's box has not yet been confirmed.
– surely this aspect, on an equal footing with the agitative-political calculation, has caused that so far no of the possibly curious committees have taken legal steps – concludes the specialist.
The deficiency of rules – both at national and EU level – is besides mentioned by Dr. Michał Nowakowski, legal advisor and specialist in fresh technologies.
– Despite the deficiency of regulation, the European Union has a very clear, although not yet full legislatively shaped approach to designing and utilizing artificial intelligence systems. In June, another draft regulation of 2021 on AI appeared. Its provisions clearly state the rules which should apply. This is not only technology, but besides ethics, credibility or work – the expert estimates.
It clarifies that, following this lead, it should at least inform the recipient who is the author of specified material, and explain that it was generated by the system.
– There is besides the request for appropriate labelling. And although the task assumes any exclusions, e.g. for freedom of expression or satire, the limit is not (yet) clear," he adds.
The issue of the place is besides considered by the prism of the rules on protection of the image, which may be part of the voice. However, it points out that the law allows it to be disseminated without the consent of the individual concerned, specified as politics.
– However, there are doubts as to whether a public individual should be attributed a message of circumstantial words if there is no absolute certainty. And even erstwhile it is their expected author and they come from reliable sources – here besides the boundaries will be created by judicial practice and doctrine – explains the legal advisor. In his opinion, it should besides appear in this case that the material was generated.
The most crucial so appears to be in order with the addressees of the submitted content.
– EU government besides indicates the legitimacy of good ethical practices and codes, although these can not always produce the desired results due to their subjectivism and voluntaryity," says the expert.
And it points above all to the rule of transparency, that is, in practice, informing us, as recipients, which we are actually dealing with.
