Such disclosure may be appropriate even where the organization
has carried out a certain level of review of the content. For example,
when generative AI is used for data analysis, it may be difficult for
humans to identify all potential errors. In the case of artistic or
creative outputs, the absence of any disclosure may lead audiences
to assume that the work was created entirely by a human. At
present, many generative AI outputs are still somewhat recognizable
as such, but as the technology advances, this boundary will become
increasingly blurred. In cases such as deepfakes—where images or
videos are deliberately manipulated to resemble reality—confusion
among audiences may escalate into more serious harms beyond
mere misunderstanding.
Deepfake technology may be used not only for illegal purposes,
such as deepfake sexual abuse material, but also for the creation
of lawful works. For example, civil society organizations may use
deepfakes in documentaries to protect the identities of LGBTQ+
individuals, or to produce parody works that criticize those in
positions of power. In such cases, if disclosure requirements would
interfere with the audience’s experience of the work, disclosure may
be provided in a manner that does not undermine its enjoyment (for
example, by including a notice in the credits). Indicating that a work
involves deepfake technology is also a requirement under the EU AI
Act, and it is highly likely that similar regulations will be adopted in
an increasing number of countries.
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