الكفاية التشريعية لمواجهة الجرائم الناشئة عن التزييف العميق: دراسة تحليلية مقارنة

Abstract

Deepfakes have raised numerous legal challenges in recent years. This study aims to assess the adequacy of legislation in the Arab Republic of Egypt and the Kingdom of Saudi Arabia to address crimes arising from deepfakes, in light of relevant European Union regulations, and to identify any legislative gaps created by this technology. The study employs a comparative analytical approach to examine legal texts, highlighting the legal protections afforded to public and private interests, both tangible and digital, against violations that may result from the malicious use of deepfakes. It also explores the powers of investigative authorities to detect fake content and track down perpetrators, as well as the legal obligations of service providers to cooperate with these authorities to achieve justice without violating user privacy. Furthermore, the study reviews the most prominent open-source deepfakes detection tools and evaluates their reliability and admissibility as evidence in criminal cases. The study concluded that the legal frameworks in Egypt and the Kingdom are generally characterized by the protection of interests, without requiring the use of a specific tool or method to infringe upon them. The broad scope of criminalization in both countries is sufficient to punish the end user (the perpetrator). However, these frameworks do not impose controls or obligations on actors in the deepfake value chain, nor do they incentivize them to adhere to transparency standards. Furthermore, there is no direct protection for the behavior and feelings of ordinary individuals, which deepfakes now mimic with high accuracy. The study also demonstrated the evidentiary value of invisible digital watermarks. It recommended that service providers be required to include watermarks in fake content and that reliable tools be provided to enable investigators to detect and identify the source of these watermarks, The study relied on the descriptive analytical and comparative methods.