딥페이크와 법: 스위스 법률을 중심으로

The question of the nature of truth and reality has long been a topic of philosophical inquiry. As our society becomes increasingly digital and automated, the formation of public opinion in the digital space has emerged as an important issue. This is because the boundary between reality and illusion can easily blur. False or fake news is a powerful form of information distortion caused by the intentional spread of misinformation. This relatively new phenomenon involves media content (photos, videos, or audio recordings) generated through artificial intelligence technology, where the content and meaning are either completely newly created or intentionally distorted. Additionally, it is technically possible to create composite images of real individuals or images of non-existent people. Through this, social platforms can present events that did not actually occur as if they were real to the public. The highly realistic videos, images, and audio recordings generated using AI are referred to as “deepfakes”, which pose significant risks not only to the personal rights of victims but also to the formation of public opinion in the digital space. The misuse of these cutting-edge technologies represents a particularly dangerous form of information distortion due to their high veracity, and it is expected that they will be used even more intentionally to spread false information in the future, necessitating realistic responses. However, it should not be overlooked that the “flood of fake content” and the erosion of political trust have not yet actually occurred. This is because high-quality deepfake software is still not easily accessible to non-experts. Currently available simple apps generally produce only average-quality deepfakes, which are often easily identifiable due to watermarks or low quality. In contrast, experts with the necessary skills and resources can create high-quality deepfakes. Therefore, preparation for expert groups is more necessary than public-targeted responses, as this will contribute to effectively managing the risks of deepfakes while maintaining legal defenses. Thus, it is crucial to educate experts to respond to the advancement of deepfake technology and to strengthen relevant laws and regulations.