Despite new laws aimed at regulating AI-generated content, the rise of deepfakes highlights ongoing challenges for celebrities and the legal system in California.
California Faces Challenges with AI Deepfakes of Celebrities Despite New Legislation
Artificial intelligence deepfakes of celebrities continue to make headlines, despite recent legislative efforts in California aimed at addressing such issues. A recent incident involving a deepfake video of actress Jennifer Aniston has highlighted the ongoing challenges posed by this technology.
In a misleading video that circulated on Facebook, Aniston was depicted discussing her fitness routine and promoting collagen supplements as a reason for staying in “bikini shape” in her 50s. This video, according to US Weekly, was found to be a fake and has since been removed. Fans, suspicious of the video’s authenticity, brought it to the attention of fitness influencer Ben Carpenter, who traced the origins of the footage to an unrelated Hollywood Reporter roundtable interview featuring Aniston, Nicole Kidman, and Naomi Watts. Carpenter confirmed that in the genuine interview, Aniston was discussing her acting career, completely unrelated to the fitness claims made in the deepfake.
The instance illuminates how AI technology is being weaponised to create deceptive content, raising concerns about the difficulty in discerning real from fake. Rob Rosenberg, founder of Telluride Legal Strategies, and Marva Bailer, an AI expert, both emphasised the ease with which deepfakes can deceive viewers, particularly when platforms are slow to take down fake content.
California has been proactive in legislating against unauthorised uses of AI-generated content. Governor Gavin Newsom recently signed two bills aimed at protecting the likenesses of performers. AB 1836 restricts the use of AI to create digital replicas of deceased performers without consent from their estates, while AB 2602 increases consent requirements for AI-created replicas of living actors.
However, the state faces a balancing act, especially with the high concentration of AI developers and the entertainment industry within its borders. Governor Newsom vetoed a separate bill, SB 1047, citing concerns that its stringent requirements could stifle innovation. The bill aimed to introduce guardrails for AI technology but was criticised for not adjusting standards based on the risk level of AI applications.
The use of AI in creating deepfakes is not limited to Aniston. Other celebrities, including Tom Hanks and Taylor Swift, have also been targeted. Despite legislation, the challenge remains significant as AI tools become more accessible and sophisticated, making it easier for bad actors to create realistic but false content.
The legal, ethical, and technical complexities of managing AI deepfakes underscore the necessity for vigilance. As highlighted by Bailer and Rosenberg, while laws have been enacted, their effectiveness will depend on enforcement and the cooperative efforts of platforms, authorities, and the public in identifying and addressing these false representations.
As digital technology continues to evolve, so too does the landscape of intellectual property and personal rights, with California attempting to lead the way in legal frameworks that protect individuals and industries from the negative ramifications of AI developments.
Source: Noah Wire Services