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[DR & AJU Issue Report] Regulations of Sexually Explicit AI Deepfakes


1. Background


Currently, sexually explicit deepfakes have emerged as a significant societal concern.

While previously targeted celebrities, there has been a rise in sexually explicit deepfakes involving ordinary individuals, including the creation of synthesized images or videos of close acquaintances.


2. Regulations of Sexually Explicit AI Deepfakes


With the increasing number of victims affected by sexually explicit deepfakes, the need for regulating deepfake image-based sexual abuse has emerged. Consequently, the Act on Special Cases Concerning the Punishment of Sexual Crimes in 2020 (hereinafter referred to as the “Sexual Crimes Punishment Act”) provides the legal basis for sanctioning sexually explicit deepfakes.


Even though the Sexual Crimes Punishment Act provides legal grounds for penalizing the creation of sexually explicit deep-fakes, the requirement of “intent to distribute” poses challenges. Therefore, individuals who create such content for personal possession purposes are not subject to punishment. Moreover, proving the intent to distribute the material further complicates enforcement efforts


3. Trends in Countermeasures


The nature of the internet space makes it very difficult to permanently remove a video once it has been uploaded, so it is important to take measures to prevent and recover the damage caused by deepfake technology, not just focusing on post hoc punishment.

Accordingly, companies, governments, and the National Assembly are actively seeking measures to prevent the damage caused by deepfake technology.


A bill mandating the labeling of AI-generated virtual content as such has been proposed and is currently pending in the National Assembly.

It is expected to reduce the damage caused by sexually explicit deep-fakes if labeling obligations are imposed on AI-generated content, allowing anyone to determine its authenticity.


To respond to the rapidly evolving legal market, DR & AJU LLC has been publishing issue reports that analyze the latest news and trends in the legal landscape.

Please click the link below to access the report