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TikTok ran a deepfake ad of an AI MrBeast hawking iPhones for $2 — and it's the 'tip of the iceberg'
(www.businessinsider.com)
this post was submitted on 04 Oct 2023
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So, the first reason is that the law likely already covers most cases where someone is using deepfakes. Using it to sell a product? Fraud. Using it to scam someone? Fraud. Using it to make the person say something they didn’t? Likely falls into libel.
The second reason is that the current legislation doesn’t even understand how the internet works, is likely amazed by the fact that cell phones exist without the use of magic, and half of them likely have dementia. Good luck getting them to even properly understand the problem, never mind come up with a solution that isn’t terrible.
The problem is that realistically this kind of tort law is hilariously difficult to enforce.
Like, 25 years ago we were pirating like mad, and it was illegal! But enforcing it meant suing individual people for piracy, so it was unenforceable.
Then the DMCA was introduced, which defined how platforms were responsible for policing IP crime. Now every platform heavily automates copyright enforcement.
Because there, it was big moneybags who were being harmed.
But somebody trying to empty out everybody's Gramma's chequing account with fraud? Nope, no convenient platform enforcement system for that.
You're saying that the solution would be to hold TikTok liable in this case for failing to prevent fraud on its platform? In that case, we wouldn't even really need a new law. Mostly just repealing or adding exceptions to Section 230 would make platforms responsible. That's not a new solution though. People have been pushing for that for years.
DMCA wasn't a blanket "you're responsible now", but defined a specific process for "this is how you demand something is taken down and the process the provider must follow".
IANAL, but can't MrBeast sue the ad creator company for damaging his reputation?
Good luck with that, I guess This company is gone before misterB can finish writing his lawsuit, and with it all the scammed money. But I guess there is some law forcing platforms to not promote scams, I hope, at least in some countries.