Abstract
Purpose: Deepfake technology has evolved to the point of producing hyper-realistic fake media, and it has been abused to the extreme, with the creation of intimate images without the consent of the subjects. At the international level, some countries are hurriedly drafting legislation to address deepfake- related misuse, while the existing framework is disjointed and ill- equipped to tackle the gender- specific problems. The purpose of this paper is to trace the boundaries of the existing legislation and the main shortcomings in safeguarding against deepfakes from a gender perspective and assess existing remedies and their effectiveness for women victims. Approach: This paper systematically analyzes the scholarly and grey literature related to deepfake regulation by mapping key elements of existing laws. It identifies the gaps that still need to be addressed from a gender perspective and further evaluates the effectiveness of available remedies for women victims. Findings: Literature analysis shows five major gaps: the absence of comprehensive and country-specific criminal laws, the ineffective regulation of traditional torts and privacy laws, lack of platform liability frameworks and practices of moderating platform content, lack of legislator-centered approaches in supporting victims (including anonymous reporting, legal assistance, and compensation when they have suffered harms). The current work of Parliament in combating gender-based violence is structurally inadequate to overcome gender-based violence assisted by deepfakes. A model criminalization law for non-consensual intimate synthetic imagery with an explicit, gender-driven approach, proactive takedown commitments imposed on intermediaries, dedicated cybercrime teams for the support of victims of such crimes, and international harmonization of the law through a binding convention are the practical recommendations at the end of the paper.
Keywords: Deepfake, Gender- Based Violence (GBV), Non- Consensual Videos, Legal Aspects, Artificial Intelligence- Based Victimization
