DEEPFAKES AND THE RIGHT TO IMAGE IN CYBERSPACE: THE NEED FOR SPECIFIC STANDARDS

This article analyzes the right to image in the face of new challenges posed by technological development and artificial intelligence, focusing on the phenomenon of deepfakes. In this way, we sought to understand how this new technology occurs and what impacts it can have on the right to image of in...

ver descrição completa

Detalhes bibliográficos
Autores: Matos, Brenda Caires, Sotero, Ana Paula da Silva
Formato: artículo
Estado:Versión publicada
Fecha de publicación:2024
País:Brasil
Recursos:Universidade do Estado da Bahia (UNEB)
Repositorio:Cenas Educacionais
Idioma:portugués
OAI Identifier:oai:revistas.uneb.br:article/20107
Acesso em linha:https://www.revistas.uneb.br/cenaseducacionais/article/view/20107
Access Level:acceso abierto
Palavra-chave:Direito a imagem
Tecnologia
Inteligência artificial
deepfakes
Right to image
Technology
Artificial intelligence
Deepfakes
Derecho a la imagen
Tecnología
Inteligencia artificial
Descrição
Resumo:This article analyzes the right to image in the face of new challenges posed by technological development and artificial intelligence, focusing on the phenomenon of deepfakes. In this way, we sought to understand how this new technology occurs and what impacts it can have on the right to image of individuals within cyberspace. There was a discussion about the forms of protection and prevention found in Brazilian legislation to face the problem today. The methodology used in the research has a bibliographic and exploratory nature, in doctrines, legal articles from specialized magazines on the subject and in current legislation and draft laws. The research recognized that the Marco Civil da Internet (Law No. 12,965/2014), legislation highlighted on the topic, is not effective in relation to holding internet connection providers responsible for the damages generated by deepfakes in the virtual environment, in addition to that the aforementioned The law is non-specific to promote punishment for abuses generated by this new technology. Despite this, the Electoral Code and the Brazilian Penal Code already make progress when it comes to protecting individuals against deepfakes. What can be observed is that there is an international effort to create recommendations and avoid harm caused by artificial intelligence and, in Brazil, there are already bills with the same purpose. Finally, it was concluded that digital and media education and the continuous advances in legislation on artificial intelligence and deepfakes must be seen as the protagonists in tackling the problem.