1. The Meaning of Deepfake Videos

A deepfake video refers to a video created by synthesizing the face, body, or voice of a real person with another video or image using AI technology, making it appear as if that person has actually performed a specific act.

When such technology is used for sexual videos or images, it is not merely a matter of technology utilization, but it can lead to criminal penalties, which might be more severe than anticipated, so caution is advised.

2. Deepfake Videos Subject to Punishment

Whether a deepfake-related crime is subject to punishment depends on whether the subject of the synthesis is a real person. Even if sexual videos or photos are created using AI technology, if the subject is a fictional character, they are currently not subject to punishment.

However, if a deepfake video synthesizes a real person, it becomes punishable. The most common case is when the face of a real person is combined with a nude body, and not only is it punishable to combine the face of an acquaintance with a nude image, but combining the faces of celebrities with nude images can also certainly lead to punishment.

3. Specific Scope of Punishment

a. The Act of Producing Deepfake Videos

Previously, punishment was only possible if the deepfake video was produced with the intent to distribute it to others. Therefore, producing a deepfake video out of curiosity and storing it only for personal viewing was not punishable.

However, after the amendment of the Special Act on the Punishment of Sexual Violence Crimes on October 16, 2024, it has become possible to punish the act of producing deepfake videos even without the intent to distribute, and simply producing a deepfake video out of curiosity and saving it to one’s mobile phone, computer, or tablet can also lead to punishment.

Thus, it is important to note that even if a deepfake video is produced solely for personal viewing without the intention of showing it to others, it can still be punishable if discovered.

b. The Act of Distributing Deepfake Videos

The act of distributing deepfake videos has been subject to punishment from before. A key point to note is that even if one did not produce the deepfake video themselves, uploading someone else's deepfake video to an internet site is punishable, and even if consent was obtained from the victim at the time of production, if distribution occurs without consent thereafter, it can also be punishable.

c. The Act of Storing and Viewing Deepfake Videos

Previously, there were no punitive regulations for viewing or storing deepfake videos produced by others, so this was not punishable. Hence, watching deepfake videos uploaded on internet sites or in Telegram chat rooms was not subject to punishment.

However, regulations for punishing the act of watching or storing deepfake videos have now been established, meaning that even without producing a deepfake video, simply watching and storing one can result in punishment.

Ultimately, due to the legal amendment, almost all acts related to deepfake videos have become punishable, so it is important not to engage in activities related to deepfake videos.

d. The Act of Threatening Through Deepfake Videos

The act of threatening a victim of deepfake videos using such videos could previously only be punished as a simple threat without any special punitive regulation.

However, after the amendment of the law, a new regulation has been introduced to impose increased punishment for those who threaten victims using deepfake videos. The legal provision stipulates only imprisonment, with a minimum sentence of one year, therefore the level of punishment is quite high.

It is important to note that even simply informing a victim that a deepfake video exists can be considered a threat.

4. Deepfake Video Crimes Targeting Minors

When the subject of a deepfake video is not an adult but a minor, in addition to the Special Act on the Punishment of Sexual Violence Crimes, the Act on the Protection of Children and Juveniles also applies.

Deepfake videos targeting minors fall under child sexual exploitation materials according to the Act on the Protection of Children and Juveniles, and the establishment of such crimes does not depend on the minor's consent for the production of the synthetic material.

It is mainly problematic when students synthesize the face of a female student from the same school with a nude body or synthesize the face of a minor idol member with a nude body; in such cases, there is a high possibility that the offender, even if they are a minor, will face formal trial.

As a reference, since there are no provisions for fines under the Act on the Protection of Children and Juveniles, if this act applies to deepfake-related crimes, the level of punishment can be very high.

5. Level of Punishment for Deepfake Crimes

The highest level of punishment occurs when victims are directly threatened through deepfake videos. Especially in cases of ongoing threats, rather than one-time threats, there is a possibility of arrest and a prison sentence at the investigative stage.

The level of punishment for producing deepfake videos or distributing them is also high. In particular, if videos are produced or distributed for money, or a large number of videos are produced or distributed, the level of punishment becomes much higher, and similarly, there is a possibility of being subjected to arrest from the investigative stage leading to a prison sentence.

The level of punishment for simply viewing or storing deepfake videos is lower than for other offenses, but can vary depending on the frequency of the act. In this case, there may also be room for leniency depending on the circumstances, so when under investigation, it is advisable to consult a lawyer to explore the possibility of leniency.

6. What Happens If an Actual Investigation Is Conducted?

If one produces deepfake videos and uploads them to an internet site or distributes them using messengers like Telegram, investigative agencies will utilize various investigative techniques, including IP tracking, to identify the person who disseminated the videos.

Once the distributor is identified, the investigation will proceed swiftly to clarify the allegations against them; since all investigative processes are conducted in secrecy, one may face unexpected searches and seizures.

If the existence of the distributed video is confirmed through a search and seizure and access records to the site are verified, it is highly likely that charges will be acknowledged. Depending on circumstances, there may also be additional crimes identified on the mobile phone.

Particularly, if facing a search and seizure or if an arrest warrant is issued, it is crucial to promptly appoint a lawyer to respond actively.

7. In Conclusion

Deepfake videos involving real individuals as sexual synthetic materials can be subject to punishment for production, viewing, possession, and distribution.

Especially when minors are involved, they are assessed as sexual exploitation material, and if the initial response is mishandled, there is a very high possibility of arrest or a prison sentence from the early stages of the investigation.

If you are subject to investigation or face a search and seizure related to this issue, it is essential to consult a specialized lawyer from the outset and respond carefully.

The law firm Cheongchul consists solely of lawyers from domestic top 5 large law firms, prosecutors, and legal teams from major corporations, and not just one lawyer, but a team of specialized lawyers in the relevant field to respond to cases. Cheongchul provides comprehensive solutions for the entire business rather than just resolving specific issues, ultimately focusing on achieving what the client desires. If you need assistance in reaching your goals, please do not hesitate to contact Cheongchul.