Legal Protection for Victims of Deepfake Pornography in Terms of Criminal Law

The rapid development of artificial intelligence, especially through deepfake technology, has led to serious concerns, particularly when misused for pornographic purposes. Deepfake allows realistic manipulation of images and videos, often without the knowledge or consent of the depicted individual. This article explores the legal protection available to victims of deepfake pornography under Indonesian criminal law. Using a normative juridical approach with a statute and conceptual approach, the study finds that existing legal frameworks, such as the ITE Law, the Pornography Law, the Personal Data Protection Law, and the Criminal Code, are insufficient to address the unique challenges posed by deepfakes. Legal gaps and lack of explicit regulation hinder effective law enforcement and victim protection. Therefore, this paper advocates for urgent legal reforms to define and criminalize deepfake pornography explicitly and comprehensively.

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Publication Details

Journal
Andalas Law Journal
Published
2024-12-31
DOI
https://doi.org/10.25077/alj.v9i2.90
Primary Topic
Sexuality, Behavior, and Technology
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Protection for Victims of Deepfake Pornography in Terms of Criminal Law

Bambang Pratama, Muhammad Ilham Alfathoni, Cherilla Izzata Putri Lubis
Andalas Law Journal
Sexuality, Behavior, and Technology
article

Legal Protection for Victims of Deepfake Pornography in Terms of Criminal Law

Bambang Pratama, Muhammad Ilham Alfathoni, Cherilla Izzata Putri Lubis
article en

Abstract

The rapid development of artificial intelligence, especially through deepfake technology, has led to serious concerns, particularly when misused for pornographic purposes. Deepfake allows realistic manipulation of images and videos, often without the knowledge or consent of the depicted individual. This article explores the legal protection available to victims of deepfake pornography under Indonesian criminal law. Using a normative juridical approach with a statute and conceptual approach, the study finds that existing legal frameworks, such as the ITE Law, the Pornography Law, the Personal Data Protection Law, and the Criminal Code, are insufficient to address the unique challenges posed by deepfakes. Legal gaps and lack of explicit regulation hinder effective law enforcement and victim protection. Therefore, this paper advocates for urgent legal reforms to define and criminalize deepfake pornography explicitly and comprehensively.

Andalas Law JournalVol. 9(2)
Andalas University (ID)
Openalex Percentile: Top 58%
Sexuality, Behavior, and Technology
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