A victim involved in one of Scotland’s first prosecutions related to deepfake technology has spoken out, urging lawmakers to reform existing legislation to better protect those targeted by such digital manipulation.
The case marks a significant moment in Scotland’s legal approach to handling the growing threat of artificially generated content that can be used to impersonate, defame, or harass individuals. Deepfakes use artificial intelligence to create convincing but fabricated images, videos, or audio of real people.
Legal Gaps Highlighted by Pioneering Case
The victim, whose identity has not been disclosed for privacy reasons, has emphasized that current laws are insufficient to address the unique harms caused by deepfake technology. Their case is among the first of its kind to reach prosecution stage in Scotland, setting a potential precedent for how similar cases might be handled in the future.
“The existing legal framework wasn’t designed with this technology in mind,” the victim stated. “When someone can create false but convincing digital content of you, the damage happens instantly, but the legal remedies are slow and often inadequate.”
Legal experts note that prosecutors currently must rely on a patchwork of laws related to harassment, defamation, or misuse of private information, none of which fully address the specific nature of deepfake offenses.
Rising Threat of Synthetic Media
Deepfake technology has become increasingly accessible and sophisticated in recent years. What once required substantial technical expertise and computing resources can now be accomplished with consumer-grade equipment and widely available software.
Police Scotland has reported a notable increase in complaints related to synthetic media over the past two years. These cases typically involve:
- Non-consensual intimate imagery created using AI
- False videos showing individuals making statements they never made
- Manipulated audio used for fraud or harassment
The technology’s rapid evolution has outpaced regulatory responses, creating what some experts describe as a “protection gap” for potential victims.
Calls for Legislative Action
The victim’s appeal for legal reform has gained support from digital rights organizations and legal professionals who argue that specific legislation is needed to address the unique challenges posed by deepfakes.
“This case shows how our laws need updating to reflect technological reality,” said a spokesperson from a Scottish digital rights group. “We need clear legal definitions of what constitutes a deepfake offense and appropriate penalties that reflect the serious harm they can cause.”
Advocates are pushing for several key reforms, including faster takedown procedures for platforms hosting deepfake content, clearer pathways for victims to seek damages, and specific criminal offenses related to the malicious creation and distribution of synthetic media.
The Scottish Government has acknowledged these concerns and indicated that it is reviewing current legislation to determine if amendments are needed to better protect citizens from emerging digital threats.
As this pioneering case progresses through the Scottish legal system, it may serve as a catalyst for broader discussions about how law enforcement and courts should respond to the growing challenge of AI-generated content used for harmful purposes.
For now, the victim continues to advocate for change, hoping their experience will help prevent others from facing similar situations without adequate legal protection.
