A responsabilidade civil por danos causados decorrentes das deepfakes

Abstract

The present paper discusses civil liability for damages caused by the use of deepfakes, an Artificial Intelligence technology that creates realistic synthetic media. The study addresses the concepts and risks of deepfakes, highlighting the violation of personality rights, such as image rights, including post mortem use, and the impacts on vulnerable groups, under the gender, race and class perspective. It also examines the risks to intellectual property and copyright. The research explores the theory of civil liability, subjective and objective, and its application to creators, diffusers, platforms, in light of the Brazilian Civil Rights Framework for the Internet, and software developers, showing the challenges of traceability and the inadequacy of current legislation. It concludes on the urgency of regulation in Brazil and internationally to balance technological innovation and the protection of fundamental rights, suggesting measures such as platform accountability and the promotion of digital education