Recently, with the advancements in generative AI technology, the issue of producing deepfake pornographic materials of real individuals has become serious. This post provides guidance on the regulations of the Special Act on the Punishment of Sexual Violence Crimes (Sexual Violence Punishment Act) regarding such AI deepfake sexual crimes, and especially explains the significant changes brought about by the legal amendment in October 2024 that makes it punishable even if it is only produced for personal viewing purposes. Previously, punishment was applicable only if there was an intent to 'distribute or share', but now, merely the act of producing or processing AI deepfake videos itself can lead to up to 7 years in prison or a fine of up to 50 million won, so Cheongchul Law Firm provides professional legal solutions for those who are concerned about related issues or need legal assistance.
The Seriousness of the Advancement of AI Technology and Deepfake Sexual Crimes
Hello, this is Cheongchul Law Firm.
Recently, the advancement of generative AI technology has reached amazing levels. Not only can images and videos be created with text commands, but AI video production utilizing only image input has also become possible. While this technological advancement is positive, unfortunately, there has been a rapid increase in cases of AI deepfake sexual crimes that exploit this technology.
Deepfake technology appears in the form of producing so-called pornographic material by inputting images of actual people into the generative AI, which can cause severe sexual humiliation and personal harm to the victims; this is a serious sexual crime. Our Cheongchul Law Firm recognizes the seriousness of issues related to AI deepfake sexual crimes and aims to provide accurate legal standards according to the amended laws.
What is the Basis for Punishing the Production of Deepfake Pornographic Materials? (Sexual Violence Punishment Act)
AI deepfake sexual crimes are strictly punished under the **Special Act on the Punishment of Sexual Violence Crimes (Sexual Violence Punishment Act)**. The relevant law stipulates as follows:
"For the editing, composition, or processing of images, videos, or sounds that target a person's face, body, or voice in a manner that can provoke sexual desire or shame against the subject's will", individuals may be punished with up to 7 years in prison or a fine of up to 50 million won.
These provisions of the Sexual Violence Punishment Act clearly define the act of producing AI deepfake videos as a sexual crime and reflect a strong will for severe punishment against deepfake sexual crimes.
The Key of the October 2024 Legal Amendment: Is the Production for 'Personal Use' Also Punishable?
The answer to the question at the beginning of the post, "Is it punishable just for producing deepfake pornographic material for personal use?" is "Yes, it can be punishable." The key to this question lies in the content of the October 2024 legal amendment.
Cheongchul Law Firm emphasizes this important legal amendment.
Before the Amendment (Before October 2024): Punishment was only possible if a deepfake false video was edited, composed, or processed for the purpose of **‘distribution and sharing’**. In other words, there had to be an intent to distribute to impose punishment.
After the Amendment (After October 2024): Due to the legal amendment, it has become possible to apply punishment even when there is no intent to distribute.
Thus, now, producing AI deepfake videos for personal viewing purposes alone can be punishable under the Sexual Violence Punishment Act. It is crucial to note that the punishment for AI deepfake sexual crimes has been strengthened to the same level as that for illegal filming. The act of producing AI deepfake videos itself is now considered a serious sexual crime.
Legal Consulting for AI Deepfake Sexual Crimes
AI deepfake sexual crimes are a complex and sensitive field of sexual crimes where legal issues continuously arise with the advancement of technology. Especially, with the October 2024 legal amendment, the scope of punishment has widened and penalties have increased, making it essential for those involved or needing legal assistance to respond quickly and accurately.
Our Cheongchul Law Firm is well-versed in the laws and the latest case trends regarding AI deepfakes, and based on a deep understanding and rich experience in cases of violations of the Sexual Violence Punishment Act, we provide customized legal solutions for our clients.
If you are facing legal difficulties due to AI deepfake sexual crime issues, do not hesitate to contact Cheongchul Law Firm for assistance.
Our Cheongchul Law Firm offers expert legal knowledge on violations of the Sexual Violence Punishment Act, providing the optimal strategy tailored to our clients' situations. We guarantee quick and clear legal consultations on all legal issues related to AI deepfake sexual crimes, including charges related to deepfake production and legal representation for victims, while ensuring confidentiality.
