Legal Measures to Improve Protection for Victims of Deepfake Sexual Crimes

Deepfake sexual crimes are a representative example of how the rapid advancement of technology has outpaced ethical awareness and educational standards. They also clearly illustrate how new technologies create new problems. The critical issue lies in the fact that the improvement of ethical awareness and education levels tends to be slow or, in some cases, fails entirely, while the challenges posed by technological advancement continue to evolve even as countermeasures are being sought. Furthermore, once a deepfake sexual crime occurs, it is extremely difficult to prevent the spread of harm and restore the victim’s dignity. This underscores the necessity for proactive and preemptive measures to protect victims of deepfake sexual crimes. In South Korea, the existing substantive criminal laws concerning deepfake sexual crimes can be considered relatively thorough. However, there are still many aspects of the legal framework that require further discussion to effectively suppress such crimes early and actively protect victims. This article makes several suggestions in light of these issues. First, to deter crimes and ensure early suppression, it is necessary to adopt proactive and innovative investigative methods, such as online searches and undercover operations. While these methods raise concerns about potential infringements of fundamental rights and the abuse of public authority, they cannot be overlooked given the evolving nature of deepfake sexual crimes. Nevertheless, careful legislative review must be conducted to address these concerns. Second, to protect victims, it is essential to ensure that they receive information related to their victimization promptly. Legal adjustments should also enable telecommunication service providers to monitor non-public communication networks, such as private chatrooms. Considering the proliferative nature of deepfake sexual crimes, such preventive and preemptive measures are especially crucial. Additionally, legal protective measures akin to interim measures for protecting victims of stalking crimes should be considered. Lastly, as an ancillary approach to suppress the occurrence of deepfake sexual crimes, the implementation of regulations such as mandatory labeling for generative AI technology itself should be actively explored.