With the recent development of generative AI technology, anyone can easily create videos or images, leading to the social issue of crimes involving deepfake pornography (false videos). Many people wonder, "Will simply watching or possessing it also be punishable, not just the creation or distribution?" To conclude, as of the legal amendment in October 2024, merely watching deepfake pornography could subject someone to criminal penalties.

In this post, we will organize legal information regarding the strengthened law on false video possession and viewing under the Sexual Violence Punishment Act through the 'Legal Official' videos on the YouTube channel of the Law Firm Cheongchul.

[Table of Contents]

1. The Normalization of Generative AI and the Emergence of Deepfake Pornography

2. Legal Definition: Deepfake Pornography is 'False Videos'

3. Key Point: Contents of the October 2024 Amendment to the Sexual Violence Punishment Act

4. Penalties for Simple Viewing and Possession (Imprisonment or Fine)

5. Guidance on Criminal Defense Lawyers from the Law Firm Cheongchul

1) The Normalization of Generative AI and the Emergence of Deepfake Pornography

Nowadays, generative AI technology has developed exponentially, making it possible for anyone without specialized knowledge to easily create videos or images. While various creative works are actively being made using widely known AI tools, side effects are occurring, such as the indiscriminate generation of deepfake pornography that combines other people's faces.

2) Legal Definition: Deepfake Pornography is 'False Videos'

How is such AI-generated pornography legally defined? Under our law, particularly the Special Act on the Punishment of Sexual Violence Crimes (Sexual Violence Punishment Act), so-called deepfake pornography is defined as 'false videos.' This refers to materials edited, synthesized, or processed against the will of the subjects to evoke sexual desire or shame in the form of recordings or videos targeting a person's face, body, or voice.

3) Key Point: Contents of the October 2024 Amendment to the Sexual Violence Punishment Act

In the past, punishment focused on the acts of creating or distributing deepfake pornography, but recent legal amendments have significantly expanded this scope. The most important fact emphasized in the video is the October 2024 amendment to the Sexual Violence Punishment Act.

This amendment has established a legal basis for punishing those who possess, purchase, store, or view false videos (deepfake pornography) or their reproductions. In other words, even if one watches quietly alone or only stores it on a personal device without distributing it to others, it constitutes a clear criminal act.

4) Penalties for Simple Viewing and Possession

What about the level of punishment? According to the amended law, possession, purchase, storage, or viewing of deepfake pornography may result in up to 3 years of imprisonment or a fine of up to 30 million won.

This indicates that simply downloading or watching videos out of curiosity is by no means a trivial mistake and can lead to severe criminal penalties. Therefore, utmost caution is needed to avoid clicking on pornographic materials that are of unclear origin or suspected to be AI-synthesized.

"In deepfake cases, early responses determine the outcome."

Due to the legal amendments in 2024, the scope and severity of punishments for deepfake-related crimes have increased. If you are unintentionally involved in related incidents or find yourself in a situation needing legal assistance, you must seek help from experts without delay.

The Law Firm Cheongchul quickly analyzes changing regulations related to sexual crimes and provides clients with optimal legal solutions. If you find yourself in an unjust situation and need professional consultation, please feel free to contact the Law Firm Cheongchul.

This post has been written for the purpose of providing legal information, and legal judgments may vary depending on specific circumstances.