Navigating the Deepfake Regulatory Landscape: A Global Overview
What's happening with AI regulation? And what does this mean for businesses and policy makers? Here's a breakdown of global policy movements, and how you can adapt to deepfake regulation and responsible AI policies across the globe.
Australia 🇦🇺
Australia is actively deliberating on the risks associated with high-risk AI applications like deepfakes. The Albanese government has discussed concerns ranging from algorithmic bias to the deceptive capabilities of this technology, and are actively developing responsible AI methodologies with CSIRO (Headed by Qinghua Lu)
For Platforms: Be prepared for potentially stricter guidelines on AI and machine learning algorithms.Scrutinize how existing and future technologies could be viewed under new ethical frameworks.
For Policymakers: The vague notion of 'high-risk' leaves room for interpretation, potentially leading to ambiguous regulations. Be cautious not to inhibit innovation within AI sectors when formulating new laws. It’s possible to do both - according to this new paper published by Harry Law and Sebastien A. Krier.
European Union 🇪🇺
The EU has created a robust framework for regulating deepfakes, grounded in multiple policy pillars ranging from GDPR to the Democracy Action Plan. The aim is to ensure deepfake technology doesn't compromise individual rights or democratic institutions.
For Platforms: Data management needs to be GDPR-compliant, and content upload processes must be in line with the EU Copyright Directive. The Digital Services Act mandates new user-flagging mechanisms and partnerships with 'trusted flaggers' (e.g. Paravision, Thatsmyface).
For Policymakers: This intricate regulatory web could act as a barrier for smaller businesses aiming to innovate. Balance the need to protect citizens while ensuring the EU remains an attractive hub for technological innovation.
United Kingdom 🇬🇧
The UK’s pro-innovation approach to AI regulation is well-outlined in this White Paper.
For Platforms: Focus on 'responsible innovation,' as highlighted in the White Paper, is key for long-term business sustainability.The regulatory environment is expected to be pro-innovation but with strong ethical guidelines.
For Policymakers: Consider how to foster innovation while keeping social and ethical implications in check.Regulatory agility is important to adapt to the fast-paced changes in AI technologies.
China 🇨🇳
China mandates watermarking and consent for deepfake technology, with the Cyberspace Administration of China playing an active role in regulation. The Cyberspace Administration of China's recent provisions require deep synthesis users to obtain content consent, validate identities, report unlawful deepfakes and implement recourse avenues.
For Platforms: Make watermarking and identity verification mandatory for compliance with Chinese law. Beprepared to work closely with government bodies for regular checks and audits.
For Policymakers: While stringent, the regulations may raise privacy concerns that could restrict user engagement.The role of government oversight in this context needs to be transparent to ensure ethical compliance.
United States 🇺🇸
Deepfake laws in the U.S. vary from state to state, but California and New York have specific rules around political and pornographic deepfakes. Federal movements like the DEEP FAKES Accountability Act are also in play, and the White House has made recent commitments towards safe and trustworthy AI.
For Platforms: Be ready to navigate a complex landscape of state-specific regulations.Keep an eye on federal initiatives that could introduce a standardised set of regulations.
For Policymakers: State laws lack uniformity, which can make it easier for violators to exploit loopholes.Federal legislation could offer the comprehensive approach needed to address deepfake technology effectively.
As we've seen, the global landscape for deepfake regulation is complex, varying significantly from country to country. But the essence is clear: both platforms and policymakers have significant roles to play in shaping and adapting to emerging laws and principles.
For Platforms: If you're grappling with the complexities of staying compliant across different jurisdictions, there's help available. Thatsmyface offers cutting-edge facial recognition technology to help platforms fight malicious deepfakes and stay legally compliant.
For Policymakers: The evolving landscape underscores the need for informed, agile, and balanced regulation that both fosters innovation and safeguards the public.
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Reach out to us to learn how we can support your journey in navigating this intricate web of deepfake regulation. Whether you're a platform looking for compliance solutions or a policymaker seeking consultation, we're here to help.
Nadia Lee, CEO / Co-Founder of ThatsMyFace
