Legal Q&A
Q
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I work at an entertainment agency. Recently, I received a report that deepfake obscene material composited with the face of one of our artists is being distributed online. The person concerned is also suffering a great psychological shock, so it seems a response to the deepfake crime is necessary. I am curious about how best to respond and what procedures should be taken at the agency level to protect the victim.
deepfake crime
Answer
Published:
Author : Kuk Il KIM
Deepfake crime has become a serious social problem as deepfake technology using artificial intelligence (AI) has been commercialized.
If a sexual false video using a deepfake has been distributed, you can formally request an investigation through the Cyber Crime Reporting System of the National Police Agency (the Cyber Crime Reporting and Counseling Center).
This is because, under Article 14-2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, where a person produces or distributes a video that composites or edits another person's face or body and thereby arouses sexual desire or shame, that person is subject to criminal punishment.
Accordingly, the perpetrator may be subject to imprisonment for not more than five years or a fine not exceeding 50 million won.
After the criminal complaint, in order to protect the victim, you must request the deletion of the video through the Illegal and Harmful Information Reporting Center of the Korea Communications Standards Commission or through the reporting channels of portals and SNS.
In addition, providing psychological counseling and legal support so that the victim artist does not suffer secondary harm is also of great help.
It is because actively pursuing the civil and criminal liability of the distributor (including a claim for damages) is effective in preventing recurrence that this matters.
At the same time, it is necessary to strengthen ongoing deepfake detection by cooperating with a dedicated online monitoring team or an external monitoring organization.
Therefore, it appears that, for the agency, simultaneously pursuing deletion and blocking measures and a legal response to the deepfake crime is most effective for protecting the victim and restoring the artist's reputation.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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