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An AI deepfake of Pope Francis that went viral last year. Alamy Stock Photo

Fianna Fáil seeking to criminalise misleading and deceptive 'deepfakes'

The proposal will not totally ban deepfakes, but make the creation of them for the purpose of deception illegal.

FIANNA FÁIL IS seeking to criminalise so-called ‘deepfakes’ which seek to defraud, scam or trick the public.

Deepfakes are typically generated using artificial intelligence (AI) and often create a somewhat realistic depiction of real-life scenarios. The technology is frequently used by bad actors who seek to scam or mislead the public.

Under the existing EU’s AI act, agreed last year, online platforms and companies which develop software to make deepfakes will face sanctions, if they do not do enough to curtail the creation and spread of misleading or deceptive AI-generated content.

Fianna Fáil’s proposal, brought forward by Wicklow-Wexford TD Malcolm Byrne, will seek to make the creation of AI impersonations as well as the use of deepfakes to mislead, fraud or scam an offence.

Speaking to reporters this morning outside Leinster House, Byrne equated deceptive deepfake technology to counterfeit currency, arguing there is a greater need to crackdown on the content which seeks to misrepresent reality.

He cited well-known examples where reporters and presenters from Irish television and other public figures, such as election candidates and even the Taoiseach, were required to take legal or other action to remove the deceptive content that depicted them.

“For all of us, one of the most important things that we have is our voice, our likeness, our image. It’s what we trust,” Byrne said. “When we seek you as journalists on news programmes or read what you’re saying, we trust what you are saying.

“But if somebody misuses your image, with the intention to deceive, it has serious consequences.”

malcolm-byrne-from-fianna-fail-arrives-at-leinster-house-in-dublin-ahead-of-the-first-sitting-of-the-new-dail-since-the-irish-general-election-the-174-tds-will-vote-by-secret-ballot-to-elect-a-new-ce The legislation has been brought forward by Wicklow-Wexford TD Malcolm Byrne. Alamy Stock Photo Alamy Stock Photo

Asked if there will be provisions in the bill to make sure people are not prosecuted for creating parody work or sharing AI-generated images, Byrne said there would be.

He added that the draft law seeks to give better protections to everyone on the use of their image, content, creations and likeness by others who “deliberately misuses” their biometric data.

Platforms will soon have to make users to disclose if AI-generated material is being shared, under the EU’s AI act. The European legislation will also create clear and harsh guidelines and regulation on the use of copyrighted content and personal data.

“The balance has to be struck between free speech and parody and comedy, and there has been plenty of funny deepfakes, but the question is what happens when it becomes quite serious, and indeed when it could damage an individual’s reputation.”

Byrne defended the draft law when compared to existing legislation on the protection of reputation and defamation by claiming that the correct protections need to be developed to prevent citizens being harmed, tricked or taken advantage of by AI-made material.

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    Install the app to use these features.
    Mute David Murphy
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    Tue 1:20 PM

    Can they criminalise their deep fake house building claims?

    285
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    Mute Paul Bannon
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    Tue 1:24 PM

    If thats the case, every promise and commitment political parties make in the run up to an election that is broken or not followed through will become a crime. About time.

    211
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    Mute Louis Jacob
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    Tue 1:41 PM

    @Paul Bannon: That would be hard to do but I don’t see why we shouldn’t introduce some kind of oath of office that requires a truth standard when elected officials are speaking in an official capacity. It should be treated as corruption. Too many voters these days only care about winning or losing. It’s destroying democracies all over the world. “We’ll learn from this and move forward.” doesn’t cut it any more.

    99
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    Mute thomas molloy
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    Tue 3:56 PM

    @Louis Jacob: In North Korea workers who make the mistake of giving optimistic estimates are jailed if they are not met.

    5
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    Mute George Bowling
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    Tue 1:23 PM

    Will this law cover wonderbras?

    54
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    Mute flower stall
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    Tue 2:47 PM

    @George Bowling: cheers for that comment best I’ve read can’t stop laughing

    7
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    Mute Clare Power
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    Tue 5:08 PM

    @flower stall: You’re either sarcastic or easily pleased…

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    Mute Kevin Daly
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    Tue 1:56 PM

    Well I guess half or all the Government is getting jail time so

    51
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    Mute Brian Hunt
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    Tue 4:06 PM

    @Kevin Daly: Is it 1st of April already!

    4
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    Mute Luas Vuitton - Penneys Drag Queen
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    Tue 1:33 PM

    €40K to be seized from Enoch Burke’s account by court order. Good.

    32
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    Mute Louis Jacob
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    Tue 1:42 PM

    @Luas Vuitton – Penneys Drag Queen: What an amadhain. Will he ever back down do you think?

    18
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    Mute Luas Vuitton - Penneys Drag Queen
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    Tue 1:43 PM

    @Louis Jacob: i think the phrase is “cop on”. No.

    15
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    Mute P. J.
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    Tue 1:52 PM

    @Luas Vuitton – Penneys Drag Queen:
    Seems the school (and the judges) have finally realised the only way to deal with that yoke.
    Completely ignore him.
    If he wants to stand out there in the rain for the next 30 years, let him.
    But take him for every penny first.

    20
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    Mute ben wu
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    Tue 2:02 PM

    @Louis Jacob: Despite what I think about him and his family, I can at least respect his conviction in his beliefs, however much I disagree.
    I ain’t happy thinking that a violent criminal is let loose on the streets because of a need to keep him locked up.

    20
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    Mute Des Daly
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    Tue 2:34 PM

    @ben wu: I agree with him. He stood up and said enough is enough. He refused to go down the slippery slope of acknowledging the delusion that either male or female can change their gender and having his language curbed to some Orwellian agenda
    . The straw-man reason for his incarceration & now theft of his savings will result in him receiving an unprecedented state settlement of 10’s of millions €€€ in the future.

    23
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    Mute SerotoninWars
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    Tue 2:42 PM

    @Des Daly: For the millionth time it’s nothing to do with his views on transgender people. It’s his refusal to comply with court orders that’s landed him in trouble.

    It’s one gigantic ego trip – the glory of feeling ‘persecuted’. In their heads this = extra favour with god or Jesus or whoever. It’s just a desperate attempt to rig the game of religious prizes in their favour. Eternal life, heaven, sat beside god and the usual nonsense. If there were no prizes they wouldn’t bother.

    14
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    Mute SerotoninWars
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    Tue 2:49 PM

    @ben wu: What’s there to respect? ‘Conviction’ sounds so noble. How about pure stubbornness born out of long-term self-interest? Wasting hours and hours of people’s time and that’s before the financial cost of managing this circus. He is free to seek work elsewhere, he can believe what he wants too, but that might not come with the big ego trip of seeing yourself in the news every week.

    10
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    Mute Des Daly
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    Tue 4:20 PM

    @SerotoninWars: what was the CAUSE of the court order ? Yeah , that’s right. It has everything to do with transgenderism. This MSM propaganda narrative has been shoved down everyone throats and only very naive people are swallowing it.

    15
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    Mute SerotoninWars
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    Tue 4:39 PM

    @Des Daly: Wrong again Des. And seriously quit with the ‘MSM’ cliché salad. The student in question wasn’t even one of his! They were in another class. Burke was taken to task over his refusal to stop trespassing. He was entering into huge public arguments with the principal. He was disrupting what should be a place of calm and learning. He would not accept that his place of work had divergent standards and expectations when it comes to its employees and how the students are treated. 99% of people would look for work elsewhere, but these guys absolutely MUST make the biggest racket possible.

    If this was a one off, maybe just maybe you could make a case that it’s all about conviction in one particular case. But this is just what they do. They have been the perpetrators of some of the most heinous accusations and lies, the worst of which was handing out leaflets linking being gay to incest and arguably the worst crime of all. Vile vile vile stuff. But here you are shilling for them. Hate is a choice. Do better.

    8
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    Mute j m m
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    Tue 4:58 PM

    @SerotoninWars: 5 yrs from now: now on rte1, a special edition broadcast from mountjoy prison, the late late show with the very deserving surprise host, Enoch Burke…

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    Mute Dermot Blaine
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    Tue 6:33 PM

    @Des Daly: none of the things you say are the reason he was locked up : Contempt of court, refusing to obey court orders. The real reason is the martyr complex and the brainwashing techniques used by his mother when she home schooled him. He is in a cult and needs to be rescued.

    5
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    Mute ben wu
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    Tue 8:35 PM

    @SerotoninWars: I can respect his conviction in his beliefs. I do not share them, nor do I like them.
    You are correct regarding how the story is being flipped by some here into something like a noble stand against something. That’s not what I meant to convey.

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    Mute SerotoninWars
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    Tue 9:23 PM

    @ben wu: That’s fair enough. He is digging in alright. I just wonder about how much conviction he would have if he didn’t believe this was going to lead to enormous prizes down the line. Personally, I tend to respect people who do things for the greater good with no eternal life prize on the line. That takes real empathy, backbone and conviction to fight losing battles with no huge payout expected at the end.

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    Mute Ian
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    Tue 10:52 PM

    @Des Daly: The strawman reason for his incarceration? He was and is in contempt of court. Nothing more and nothing less. There won’t be any unprecedented settlement whatsoever.
    On another note, trans people are just people. They bother no one. Only the weak minded feel the need to attack them verbally or otherwise. Just mind your fkin business and go about your life and leave others well alone to go about theirs in peace.

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    Mute William Jennings
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    Tue 4:15 PM

    As long as the deepfakes don’t depict anyone engaging in criminal or illegal activities, I don’t think they should be banned. Take the one of the Pope in the puffer jacket that they showed at the top. I found that very funny and it didn’t cause any trouble. Banning deepfakes completely is an attack on free speech, satire and technological innovation. Political cartoons, late-night comedy, and impersonations have always been legal, even when powerful people dislike them. Having a broad deepfake ban would criminalise humour that mocks politicians, celebrities and public figures. Deepfake technology is no different from Photoshop, CGI or voice synthesis. It’s a tool that can be used responsibly or maliciously. Free societies should trust people to judge content critically, not the government.

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    Mute Daratheprofessional 1
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    Tue 5:23 PM

    @William Jennings: You are a complete nut job

    3
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    Mute William Jennings
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    Tue 7:10 PM

    @Daratheprofessional 1: Cry more buddy. You’ve provided no coherent rebuttal to any of the points that I’ve made. Is that because you know I’m right?

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    Mute Cheese Sandwich
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    Tue 9:20 PM

    @William Jennings: Are you a bot? I’ve seen you say those exact words at least 4 times now.

    1
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    Mute damien leen
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    Tue 2:10 PM

    We’re grand, pi$$ off!

    14
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    Mute Robert Duggan
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    Tue 5:10 PM

    A good proposal and small step forward.

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    Mute S Suilleabhain
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    Tue 3:32 PM

    Deepfaking the rcc is a popeless way to garner likes

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    Mute AnthonyK
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    Tue 6:58 PM

    A good move

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    Mute P0h2YVAL
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    Tue 7:55 PM

    Deep flakes?
    Is that a new Kellogg’s breakfast cereal?

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    Mute Cheese Sandwich
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    Tue 4:16 PM

    Only boomers fall for deep fakes

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    Mute Del Ray
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    Tue 7:13 PM

    Define deep

    1
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