Přehled o publikaci

The aim of this paper is to analyze the system of legal remedies against the illegal dissemination of deepfakes, evaluate their effectiveness, and discuss current issues related to establishing criminal liability. To this end, the article is divided into three main parts. The introductory part is dedicated to a general presentation of deepfakes, the second deals with preventive legal instruments, and the third focuses on punitive instruments. In analyzing the legislation, the authors focus particularly on the following research questions, which reflect the objectives of the text: (1) which regulations apply to deepfakes and in what manner, (2) whether the legal instruments defined therein can prevent or limit the misuse of deepfakes, and (3) identifying obstacles to their application. To answer these questions, methods of doctrinal research are primarily used in combination with a socio-legal approach. The conclusion is that the obligation to label deepfakes introduced by European regulations is not, in itself, capable of eliminating the risks associated with the illegal dissemination of deepfakes; however, it is able to at least partially mitigate (reduce) them. Preventive measures must therefore be followed by punitive instruments, whether in the field of civil or criminal law protection. At the level of substantive criminal law, the situation is assessed as satisfactory and responsive to changes. The main problem in prosecuting deepfakes and their illegal use/dissemination lies in procedural aspects, particularly in evidence and the assessment of their recognizability, which, after all, is also a problem in relation to prevention