Analysis of the criminal liability of the creators and propagators of "deep fakes" in the brasilian legal system

Abstract

The present work has as its object the investigation about the criminal responsibility of the creators and disseminators of "deep fakes", which is a technology used to tamper with videos. This technology has been used to commit several crimes, such as tampering with evidence, spreading fake news, revenge pornography and the practice of crimes against honor, and it is important to find out if Brazilian law already has effective means to curb such conduct or if it is necessary to create an autonomous crime to punish the practice of "deep fakes". The method of approach used for the preparation of this work was deductive, and the research technique adopted was bibliographic, through the analysis of books, articles, news and legislation in the fields of Criminal Law and Digital Law. The conclusion reached was that, although there is no specific provision criminalizing the practice of "deep fakes", they are used as a means of executing other crimes, so that it is not necessary to create an autonomous crime just to criminalize such conduct. On the other hand, considering that the feeling of anonymity of the internet, added to the difficulty in punishing such crimes, make criminals feel encouraged to practice "deep fakes", it is essential to issue a qualifier or cause for increased punishment for crimes committed through these technologies. Regarding the responsibility of the propagators of these fake videos, it is necessary to analyze whether the crime committed through this technology contemplates, in its text, the possibility of punishing its disseminators as well. If the answer is affirmative, it will be possible to hold the propagator of the "deep fake" responsible not only for the crime committed, but also for the qualifier/cause of increased penalty related to the use of this technology for the practice of the crime.

DOI:https://doi.org/10.56238/sevened2024.014-011