Ways to Protect Infringed Rights in the Creation and Distribution of Deepfakes





digital privacy, protection of rights, court, disputes


The article is devoted to the analysis and development of effective ways to protect violated rights in the context of widespread use of dipfakes, which is especially relevant for Ukraine in the context of the Russian-Ukrainian conflict and in the context of globalization of digital communications. The article focuses on the challenges faced by the legal system due to the use of dipfaces to manipulate public opinion, undermine the authority of state institutions and individuals, and the problems of using this technology for commercial purposes. The purpose of the article is to highlight the issue of diphoning in the context of rights violation, and also to propose specific ways to address it, which is a relevant contribution to the development of legal science and practice of rights protection in the digital era. The article applies a comprehensive research approach which combines the analysis of legal acts to identify the existing legislative framework and its adequacy in the context of digital rights, comparative analysis to compare Ukrainian and international experience in regulating digital technologies, and case studies to specify examples of the use of digital rights and their impact on society and individuals. The use of these methods allowed us to analyze the issue in depth, identify key challenges, and propose effective ways to protect violated rights. Particular attention is paid to the analysis of the current state of Ukrainian legislation on digital technologies and information security, and to the identification of gaps that do not allow for effective counteraction to abuses in the field of creation and distribution of digital files. The article aims to identify the key areas of legal reforms necessary to strengthen the protection of individual and collective rights in the context of digital challenges. The study covers international experience and practices of digital space regulation, in particular in countries with developed legal systems in this area, such as the United States, Australia, and Germany. This will allow us to compare and adapt the best international practices to the Ukrainian context.

Author Biography

Alevtyna Biryukova, Yaroslav Mudriy National Law University



Pavlenko, T.A. (2022). Disinformation: Concept, Signs, and Prospects of Counteraction. Juridical Scientific Electronic Journal, 7, 337-339. DOI https://doi.org/10.32782/2524-0374/2022-7/80

Expert Examines Methods of Protecting Violated Rights in Defamation Disputes. (2023). National Association of Lawyers of Ukraine. URL: https://unba.org.ua/news/8312-sposobi-zahistu-porushenogo-prava-u-difamacijnih-sporah-rozglyanula-ekspert.html

Deepfakes: How and for What Purpose They Are Created and How to Detect Them. (2023). Maxnet. URL: https://maxnet.ua/blog/dipfejki-yak-i-z-yakoyu-metoyu-stvoryuyutsya-ta-yak-yih-viyaviti/

Deepfakes: What Are They and How to Detect Them. (2023). Reference. URL: https://dovidka.info/zvyazok-ta-poshuk-informatsiyi-v-nadzvychajnyh-sytuatsiyah/?fbclid=IwAR1MFVSvU-H79vncenSmCY-FSMyAYuLOW_fZ2o_Z-hXBPftiG1RibozNLec#deepfake

Kablak, P.I. (2014). Defamation as a Way of Illegally Influencing Judges and Human Rights: Seeking Balance. Actual Problems of the State and Law, 326-332. URL: http://dspace.onua.edu.ua/handle/11300/4476

Simmons, D. (2008). Concisely About Defamation: Basic Concepts of Reputation Protection Legislation. Handbook for Activists, translated by L. Shytyk. Institute of Media Law. London. 27 p.

Pepper, C., Raymond, P., Andrews, J., & Fiano, T. (2021). Reputation Management and the Growing Threat of Deepfakes. Bloomberg Law. URL: https://news.bloomberglaw.com/us-law-week/reputation-management-and-the-growing-threat-of-deepfakes

White Knight Lawyers. (2023). Deepfake Technology: Current Remedies and Possible Legal Consequences. URL: https://www.wkls.com.au/deepfake-technology-current-remedies-and-possible-legal-consequences/

Mirsky, Y., & Lee, W. (2021). The Creation And Detection Of Deepfakes. ACM Computing Surveys, 54(1). URL: https://arxiv.org/abs/2004.11138

Talas, T., Kearney, M., & Ashurst. (2019). Diving Into The Deep End: Regulating Deepfakes Online. Communications Law Bulletin, 38(3). URL: https://www.austlii.edu.au/au/journals/CommsLawB/2019/24.pdf

Disinformation and freedom of opinion and expression: Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan (2021). URL: https://undocs.org/A/HRC/47/25

Human Rights Platform. (2023). Media Defamation in Social Networks and Compensation for Damages. https://ppl.org.ua/difamaciya-media-u-socmerezhax-i-vidshkoduvannya-zbitkiv.html

Safarov, A. (2020). Defamation and Compensation for Damage. Institute of Mass Information. URL: https://imi.org.ua/monitorings/dyfamatsiya-i-vidshkoduvannya-shkody-i33408

Mishra, N.C. (2023). Urgently need: A law to protect consumers from deep fake ads. Indianexpress. https://indianexpress.com/article/opinion/columns/law-deep-fake-ads-anil-kapoor-personality-rights-8997267/

Bizga, A. (2023). Deepfakes: What they are, how they work and how to protect against malicious usage in the digital age. Bitdefender. URL: https://www.bitdefender.com/blog/hotforsecurity/deepfakes-what-they-are-how-they-work-and-how-to-protect-against-malicious-usage-in-the-digital-age/



How to Cite

Biryukova, A., & Kolisnykova, H. (2024). Ways to Protect Infringed Rights in the Creation and Distribution of Deepfakes. Problems of Legality, (164), 6–18. https://doi.org/10.21564/2414-990X.164.297743