Synthetic Realities, Shattered Boundaries: Deepfakes and the Future of Privacy

The emergence of deepfakes, also referred to as Artificial Intelligence Generated Contexts (AIGC) has sparked significant scholarly and public interest. Deepfakes have both captivated public interest and raised concerns among observers. This technological advancement has profound implications for media productivity and challenge conventional concepts of reality. In response, policymakers are drafting regulations and introducing new legal instruments to address the shifting challenges posed by deepfakes. Deepfakes often rely on real images and videos of individuals who may not consent to their reuse. As a result, they collide with privacy rights, producing content that may appear realistic but is fundamentally false. This paper examines the legal frameworks governing deepfakes in Australia, the European Union, and the United States, with a particular focus on privacy concerns arising from their widespread use. It argues that while a new generation of legal regulations is emerging to curb deepfake misuse, these efforts remain uneven, especially in relation to the use of third-party images.