LEGAL GAPS IN DEEPFAKE MISUSE & STRENGTHENING CYBERCRIME CRIMINALIZATION

Povzetek

The rapid evolution of artificial intelligence has amplified the creation and dissemination of deepfakes, exposing significant gaps in existing legal and cybercrime frameworks. Although many jurisdictions possess general laws on fraud, defamation, privacy, and online abuse, these provisions often fail to capture the unique harms posed by synthetic media- such as identity manipulation, non-consensual explicit content, political misinformation, and reputational damage. This paper examines the limitations of current legal instruments in addressing deepfake misuse and highlights the challenges of attributing liability, proving intent, and ensuring timely enforcement in a transnational digital environment. It further explores how outdated definitions of “authentic” digital evidence and narrow interpretations of cybercrime impede effective prosecution. By analyzing these shortcomings, the study proposes pathways for strengthening criminalization, including clearer statutory definitions, technology-neutral provisions, enhanced evidentiary standards, and international cooperation mechanisms. The aim is to support the development of a robust, rights-based legal framework that protects individuals and institutions while preserving legitimate uses of synthetic media.