Способи захисту порушених прав при створенні та розповсюдженні діпфейків
Ways to Protect Infringed Rights in the Creation and Distribution of Deepfakes
Author(s): Alevtyna G. Biryukova, Hanna V. KOLISNYKOVASubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: digital privacy; protection of rights; court; disputes;
Summary/Abstract: The relevance of the study stems from the need to find effective ways to protect violated rights in the context of the spread of the technology of deepfakes, which is becoming particularly relevant against the background of the Russian-Ukrainian war and the globalization of digital communications. The purpose of the article is to highlight the issues related to the use of deepfakes for violation of rights and to develop specific solutions for their protection, which makes a significant contribution to the development of legal science and practice in the digital era. The study applies a comprehensive approach, including analysis of legal acts, comparative analysis of Ukrainian and international experience in regulating digital technologies, as well as case studies for a detailed consideration of specific cases. The study identified key challenges and suggested effective methods of protection, with an emphasis on analyzing Ukrainian legislation in the context of information security and identifying legislative gaps. The conclusions and recommendations of the article are aimed at identifying areas for legal reforms to improve the protection of individual and collective rights in digital challenges, taking into account international experience and practices of countries with developed legal systems, such as the United States, Australia, and Germany, to adapt the best international practices to Ukrainian conditions. Key areas have been identified, including the development of mechanisms to combat defamation, copyright protection, effective strategies to counter disinformation, and ensuring fair advertising to protect consumer rights. Ukrainian legislation is initiating reforms to introduce liability for the dissemination of disinformation, including deepfakes, and provide tools for effective protection of the rights of those affected by deepfakes, including through compensation for damage. The legislation also covers administrative and criminal sanctions to combat false information. It emphasizes the importance of international cooperation to ensure the consistency of the legal framework and effective protection against the latest digital threats.
Journal: Проблеми законності
- Issue Year: 2024
- Issue No: 164
- Page Range: 6-18
- Page Count: 13
- Language: Ukrainian
