Research On Tort Liability Of “Deep Fake”

“Deep fake” is a technology that simulates and forges human biological and behavioral features to generate image information based on artificial intelligence Deep learning algorithms.Since its appearance in the world,it has played a positive role in enriching people’s leisure life and driving economic development,but also posed a threat to individual rights and interests,social order,even national security,legal system and many other aspects.In order to make science and technology better serve mankind,it is urgent to promote the positive development of "deep fake" and avoid the spread of negative effects.Combing the time course of the depth of "fake" technology rise and applied to the market feedback,analyze its technical characteristics confrontational,have the characteristics of the complexity of the legal level,depth of "fake" listed in the present stage in the process of the application of personal rights,the enterprise image,damage,country,social stability is threatened,the media industry credibility is on the decline,The negative influence of judicial justice under threat and the positive role in promoting the market economy and enriching people’s entertainment life set up the governance view that regulation and development should complement each other and complement each other.To study the regulatory models adopted to avoid the risk of "deep fake" at home and abroad.China adopts the "civil + administrative + criminal" composite regulation mode,that is,the protection of personality rights and intellectual property rights should be taken into account on the civil level,the obligation of Internet service providers to "mark,delete,dispel rumors and put on record" should be taken into account on the administrative level,and "civil illegal acts should be criminalized" on the criminal level.The United States has adopted a targeted plan.The Deep fake Liability Act provides specific provisions on the identification of "deep fake",the distribution of functions of each unit,and the setting of compensation amount.The EU adopts "old method to solve new problems",applies the general Data Protection Regulation to protect "personal data",and regulates "deep fake" on the side.However,there are some problems,such as excessive compensation amount inhibiting the development of science and technology,serious "Eu color",and no unified standard for the definition of "data" among member states.From the tort liability theory,the definition of "deep fake" tort.First,according to the concept of "illegal behavior",adopt the view of "deep fake tool theory";Second,according to the appearance of "damage fact",it can be divided into property damage and personality damage.The third is to adopt the theory of legal causality according to the logic of causality.Fourth,according to "subjective fault",identify the subject of tort liability.Secondly,in the application of the principle of imputation,the "dual imputation principle" is adopted.Finally,in terms of defenses,the thesis expounds the defenses of "content marked,content reasonably examined and disclaimer" of Internet service providers and "reasonable forwarding,good-faith speech and prior consent of the right holder" of network users.The main forms and characteristics of "deep fake" infringement are sorted out to help avoid the risk of "deep fake".One is the infringement of the right of portrait,and the public figures are divided into official figures and entertainment figures,it is clear that the degree of protection of different subject identity should be different;The second is the infringement of the right of voice.Through cases,it is often accompanied by the infringement of property rights when using "deep fake" to infringe others’ right of voice.Infringement of intellectual property rights,including but not limited to the right of integrity,right of adaptation,right of compilation,performer’s right,etc.The fourth is the infringement of property rights,the specific details of financial property infringement and personality property infringement of two types;Fifth,the infringement of reputation right is judged by whether the social evaluation is reduced or not.Combined with the technical and legal characteristics of "deep fake",some suggestions are put forward to avoid the infringement risk of "deep fake".First,to promote technological countermeasures,"using the spear of the child to attack the shield of the child",using technology to regulate technology;Second,standardizing the acquisition and use of data,limiting the channels of data acquisition and the purpose of data use;The third is to increase producers’ obligations,making producers undertake the obligations of disclosure and seeking multiple consent;The fourth is to form a "pre-event,in-event,post-event" governance model,establish a pre-event prevention mechanism,strengthen the in-event supervision mechanism,improve the post-event relief mechanism,to form an integrated governance model;Fifth,to cultivate the public’s information literacy,"it is better to teach people to fish than to give them fish",from the objective level of regulation,but also in the subjective level of public awareness.