If you or someone you know is being threatened or blackmailed by a deepfake video, please get in touch for legal consultation at aemen@joshandmak.com
The answer is yes, you can sue for defamation after someone releases a deepfake video of you! Defamation is the act of making a false statement about someone that damages their reputation. If a deepfake video is released that falsely portrays you in a negative light, you may be able to sue the person who created or released the video for defamation.
To win a defamation lawsuit, you must prove in principle that the following elements are present:
- The statement was false.
- The statement was published to a third party.
- The statement was about you.
- The statement caused you harm.
In the case of a deepfake video, the statement would be the video itself. The video would be considered published if it was shared online or with others. The video would be about you if it portrayed you in a negative light. And the video would cause you harm if it damaged your reputation or caused you to lose business or opportunities.
If you can prove all of these elements, you may be able to recover damages from the person who created or released the deepfake video. Damages can include money for your emotional distress, lost wages, and damage to your reputation.
It is important to note that not all deepfake videos are defamatory. For example, a deepfake video that is created for entertainment purposes may not be defamatory. However, if a deepfake video is created with the intent to harm your reputation, it may be considered defamatory.
If you believe that a deepfake video has been created about you that is defamatory, you can consult with our team at Josh and Mak International to discuss your legal options by emailing us at aemen@joshandmak.com
What is the law of Defamation in Pakistan, which you can use against Deepfake videos?
The law of defamation in Pakistan is governed by the Defamation Ordinance, 2002. The Ordinance defines defamation as “the publication of any imputation concerning any person, which injures the reputation of such person, tends to lower him in the estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or hatred.”
There are two types of defamation in Pakistan: civil and criminal. Civil defamation is a lawsuit filed by the person who has been defamed against the person who made the defamatory statement. Criminal defamation is a case filed by the state against the person who made the defamatory statement.
To win a civil defamation lawsuit, the plaintiff must prove that the following elements are present:
- The statement was false.
- The statement was published to a third party.
- The statement was about the plaintiff.
- The statement caused the plaintiff harm.
To win a criminal defamation case, the prosecution must prove that the following elements are present:
- The statement was false.
- The statement was published to a third party.
- The statement was intended to harm the plaintiff’s reputation.
The penalties for defamation in Pakistan vary depending on whether the case is civil or criminal. In a civil case, the plaintiff may be awarded damages, including money for their emotional distress, lost wages, and damage to their reputation. In a criminal case, the defendant may be fined or imprisoned.
It is important to note that there are some defenses to defamation in Pakistan. For example, if the defendant can prove that the statement was true, they may not be liable for defamation. Additionally, if the defendant can prove that they made the statement in good faith, they may not be liable for defamation.
If you believe that you have been defamed, contact our team at Josh and Mak International to discuss your legal options at aemen@joshandmak.com
In Pakistan, suing for defamation following the release of a deepfake video involves several legal steps and considerations. Defamation, under Pakistani law, is primarily governed by the Defamation Ordinance, 2002, which covers both libel (written defamation) and slander (spoken defamation). Deepfake videos would typically fall under the category of libel due to their recorded nature.
Steps to Sue for Defamation
Document the Defamation: Collect and preserve all evidence of the deepfake video. This includes obtaining copies of the video, any associated posts or comments, and records of where and how it has been shared.
Identify the Perpetrator: If possible, identify the individual or entity responsible for creating and distributing the deepfake video. This may involve cyber forensic investigations.
Send a Legal Notice: Before filing a lawsuit, it is customary to send a legal notice to the perpetrator, demanding the removal of the defamatory content and a public apology. This can sometimes resolve the issue without the need for court action.
File a Defamation Suit: If the perpetrator does not comply with the legal notice, you can file a defamation suit in a civil court. The suit should include:
A clear statement of the defamatory act.
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- Evidence of the defamatory content and its dissemination.
- Proof of harm caused to your reputation, which could include testimonies, expert opinions, or documentation of any damages suffered.
Legal Remedies Available
- Damages: You can claim monetary compensation for the harm caused to your reputation, emotional distress, and any financial losses incurred as a result of the defamation.
- Injunction: You may seek an injunction to prevent further distribution of the deepfake video and to compel the removal of the video from all platforms where it has been posted.
Additional Legal Actions
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Cybercrime Complaint: File a complaint with the Federal Investigation Agency (FIA) under the Prevention of Electronic Crimes Act, 2016 (PECA). Deepfake videos may constitute offences such as electronic fraud, identity theft, or cyberstalking under PECA.
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Criminal Defamation: Under Section 499 of the Pakistan Penal Code (PPC), criminal charges can be brought against the individual responsible for the defamation. This involves proving that the content was published with the intention to harm your reputation.
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Intellectual Property Infringement: If the deepfake video uses your likeness without consent, you may have a claim under intellectual property laws for the unauthorised use of your image.
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Right to Privacy: Claiming a violation of your right to privacy, as protected under Pakistani constitutional law, can also be a ground for legal action.
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Tort of Emotional Distress: You may seek compensation for intentional infliction of emotional distress caused by the distribution of the deepfake video.
Pursuing legal action for defamation due to a deepfake video in Pakistan involves a multifaceted approach, combining civil, criminal, and cyber law remedies. Engaging a seasoned lawyer who can navigate these legal avenues is crucial to effectively addressing the defamation and mitigating its impact on your reputation and personal well-being
What cross border issues can arise in a situation like above?
Cross-border issues can significantly complicate legal actions involving defamation, especially when it involves deepfake videos, given the global nature of the internet and digital media. Here are some key cross-border issues that can arise in such situations:
Jurisdictional Challenges
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Multiple Jurisdictions: The creators, distributors, and platforms hosting the deepfake video may be located in different countries, leading to complex jurisdictional issues. Determining which country’s courts have the authority to hear the case and enforce judgements can be challenging.
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Conflict of Laws: Different countries have varying laws on defamation, privacy, and cybercrimes. The legal standards and remedies available in one jurisdiction may differ from those in another, complicating legal strategies and outcomes.
Enforcement of Judgments
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Recognition and Enforcement: Even if you obtain a favourable judgment in Pakistan, enforcing that judgment in another country where the perpetrator or platform is located can be difficult. This often requires navigating international treaties and reciprocal agreements on the enforcement of civil judgments.
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Cooperation between Authorities: Effective legal action may depend on cooperation between law enforcement agencies across borders. This can be impeded by differences in legal systems, priorities, and levels of resources allocated to cybercrime enforcement.
Extradition Issues
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Extradition Treaties: If criminal charges are pursued, extraditing the accused from another country to face charges in Pakistan depends on the existence of an extradition treaty and the willingness of the foreign country to extradite its citizen or resident.
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Political and Diplomatic Factors: Extradition processes can be influenced by political and diplomatic relations between the countries involved, potentially affecting the speed and success of such efforts.
Data Privacy and Protection Laws
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Data Retention and Access: Obtaining evidence from foreign-based internet service providers (ISPs), social media platforms, or other digital services may require compliance with data privacy laws in those jurisdictions. Some countries have stringent data protection laws that restrict the sharing of user information with foreign entities.
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Mutual Legal Assistance Treaties (MLATs): Accessing data held abroad often requires formal requests through MLATs. These treaties facilitate cooperation in criminal investigations but can be time-consuming and bureaucratically complex.
Digital Platform Policies
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Platform Policies and Procedures: Major digital platforms like Facebook, YouTube, and Twitter have their own policies for handling defamatory content and deepfakes. Navigating these policies and ensuring compliance can be difficult, especially when platforms operate under different legal frameworks.
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Content Removal Requests: Requesting the removal of defamatory content from platforms based outside Pakistan may require adherence to their specific procedures and legal requirements. Platforms might also challenge these requests based on their interpretation of freedom of speech and other considerations.
International Human Rights Law
- Freedom of Speech vs. Right to Reputation: Balancing the right to freedom of speech with the right to reputation can vary significantly across jurisdictions. International human rights law frameworks, such as those under the International Covenant on Civil and Political Rights (ICCPR), might be invoked, adding another layer of legal complexity.
Practical Considerations
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Cost and Resources: Cross-border legal actions are often more expensive and resource-intensive than domestic cases. Engaging legal counsel with expertise in international law and experience in cross-border disputes is essential.
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Time Delays: International legal processes tend to be slower, which can exacerbate the harm caused by the defamatory content continuing to circulate during prolonged legal battles.
Conclusion
Cross-border issues in defamation cases involving deepfake videos present substantial challenges, including jurisdictional complexities, enforcement difficulties, and the need for international cooperation. Addressing these issues requires a strategic legal approach, leveraging both domestic and international legal mechanisms, and often entails collaboration with legal professionals who specialise in cross-border disputes.
