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European and UK Deepfake Regulation Proposals Are Surprisingly Limited


Analysis For campaigners hoping that 2022 could be the year that deepfaked imagery falls within a stricter legal purview, the early indicators are unpromising. Last Thursday the European Parliament ratified amendments to the Digital Services Act (DSA, due to take effect in 2023), in regards to the dissemination of deepfakes. The modifications address deepfakes across two sections, each directly related to online advertising: amendment 1709 pertaining to Article 30, and a related amendment to article 63. 'Where a very large online platform becomes aware that a piece of content is a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful (deep fakes), the provider shall label the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of the services.' The second adds text to the existing article 63, which is itself mainly concerned with increasing the transparency of large advertising platforms. 'In addition, very large online platforms should label any known deep fake videos, audio or other files.'