To effectively address this issue, it's crucial to understand how existing laws can be extended to cover deepfakes, but also why current regulatory frameworks are insufficient.
First, Canadian legislation prescribing the non-consensual distribution of pornography, such as section 162.1 of the Criminal Code, should be reviewed and extended to include altered images such as deepfakes. Doing that would send a clear message that it is wrong and must be denounced.
However, it is important to recognize that this is not enough. Unlike a real recording, deepfakes are not tied to a specific time, location or sexual partner. They can easily be produced and distributed anonymously. Therefore, in practice, it will often be difficult to identify perpetrators and hold them legally accountable, which will limit the deterrent effects of such provisions.
Additionally, even when an individual perpetrator is identified, criminal or civil penalties cannot restore a victim's privacy, dignity or sense of safety, particularly when the content continues to circulate in the public domain. To address these ongoing harms, we must consider the role and responsibility of digital platforms. Tech platforms such as Google and pornography websites have already created procedures that allow individuals to request that non-consensual pornographic images of themselves be removed and delisted from their websites. This is not a perfect solution. Once the content is distributed publicly, it can never be fully removed from the Internet, but it is possible to make it less visible and therefore less harmful.
Implementing such systems would mitigate the reputational harm caused by non-consensual porn, whether it be real or synthetic, and provide a more immediate and practical recourse for victims. Public regulatory bodies should work with major online platforms to require such procedures and to ensure they are effective, accessible and meaningfully enforced.
Lastly, this technology must be understood within the context of gender-based violence and societal attitudes toward women's sexuality.
The non-consensual sharing of porn is already weaponized against women and is further exacerbated by deepfakes because anyone is able to create and distribute such content. Women will have limited options to protect themselves. It's already being used to target, harass and silence female journalists and politicians. If unchecked, deepfakes threaten to rewrite the terms of participation in the public sphere for women.
This technology is rapidly evolving and harms have already materialized. While no one law can eliminate it, we can take action and legislatures have a role to lead these efforts.
Thank you.