AI Deepfakes Threaten Democracy and Personal Identity: The Case for 'Personality Rights'

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A recent experiment by ABC News Verify highlights the ease and affordability of creating AI-generated voice clones, raising concerns about the impact of deepfakes on democracy and personal identity. The article explores the inadequacies of current copyright laws and proposes the establishment of "personality rights" as a potential solution.

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The Rising Threat of AI Deepfakes

In a recent experiment, ABC News Verify demonstrated the alarming ease with which AI-generated voice clones can be created. For just A$100, they were able to clone the voice of Australian federal senator Jacqui Lambie using an easily accessible online platform

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. This experiment highlights the growing concern surrounding deepfake technology and its potential to threaten both democratic processes and individual identities.

Deepfakes: A Challenge to Authenticity

Deepfake technology has advanced to the point where it can produce incredibly realistic content, making it increasingly difficult to distinguish between genuine and fabricated media. In the ABC experiment, several listeners were initially unable to identify Senator Lambie's cloned voice as artificial

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. This level of realism poses a significant risk for the spread of misinformation, particularly during critical periods such as elections.

The Inadequacy of Current Copyright Laws

Australia's existing copyright laws are ill-equipped to protect individuals whose images or voices are digitally cloned without consent. The current legal framework presents several challenges:

  1. Ownership of source material: Often, the person whose likeness is cloned does not own the original source material, leaving them unable to sue for infringement

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  2. Copyright limitations: Copyright law only applies to tangible expressions, not to speech or unexpressed ideas. This means that a person's voice itself cannot be copyright-protected

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  3. AI-generated content: Under Australian copyright law, AI-generated clones are considered authorless and therefore not protected by copyright due to the lack of original, identifiable human authorship

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The Concept of 'Personality Rights'

To address these legal gaps, experts are considering the introduction of "personality rights," a concept widely recognized in the United States. These rights include the right of publicity, which acknowledges the commercial value of an individual's name, likeness, voice, and other attributes

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However, the application of personality rights to AI-generated content is not straightforward. Some lawyers argue that only actual recorded voices are protectable, not AI-generated clones. This has led to new legislation being introduced in some U.S. states, such as Tennessee's Ensuring Likeness, Voice, and Image Security Act, which specifically addresses the misappropriation of an individual's voice through generative AI

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The Need for Urgent Action

As deepfakes become increasingly prevalent, particularly during election periods, there is a pressing need for legal reform in Australia. Policymakers face several challenges in introducing new rights, including:

  1. Overlap with existing laws: There is potential overlap with pre-existing legislation such as Australian consumer law and tort law

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  2. Enforcement difficulties: Enforcing these rights against AI-generated deepfakes created overseas presents significant challenges

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One potential solution is the introduction of legislation similar to the "No Fakes Bill" currently under consideration in the United States. This bill would allow individuals to protect their image and voice through intellectual property rights

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As Australia approaches its federal election, it is crucial for citizens to remain vigilant against deepfakes and for policymakers to take urgent steps to better protect individuals' images and voices in the age of AI.

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