The term “deepfake” has exploded into the public consciousness, but what does it actually mean, and why is this technology causing such a stir? Simply put, a deepfake is not just a cleverly edited video—it is a sophisticated form of artificial intelligence (AI) manipulation that can create hyper-realistic, fabricated content.
How Does Deepfake Work?
The most common technique uses something called a Generative Adversarial Network (GAN), which is a two-part system:
- The Generator: This network creates the fake image or video.
- The Discriminator: This network critiques the output of the Generator and tries to determine if it is real or fake.
Through this constant back-and-forth training, the Generator is forced to create increasingly perfect, undetectable “fakes” until the result is nearly indistinguishable from reality.
The Ethical Issues of Deepfakes
While the technology has benign uses (like movie special effects), its malicious application is a significant threat.
Reputation Damage
Deepfakes are frequently used to create non-consensual sexually explicit content, leading to severe emotional distress and irreparable damage to victims’ reputations.
Fraud and Deception
They can be used to commit fraud, impersonate CEOs in financial transactions, or spread misinformation during political campaigns.
Erosion of Trust
By making it nearly impossible to trust what you see or hear online, deepfakes undermine the integrity of digital evidence and news media, challenging the foundation of our legal and social systems.
The Legal Repercussions Under Texas Law
While technology has been evolving at a rapid pace, fortunately, our legal systems have been able to keep pace. Texas has been active on deepfakes since 2019 (early political-deepfake restrictions) and expanded its statutory toolkit during the 2024–2025 legislative sessions with several AI/deepfake bills.
Specifically, the following acts involving deepfakes/AI are criminalized under the Texas Law:
- Non-consensual sexually explicit AI images/videos (“deepfake porn”) – production/distribution can be a misdemeanor or felony depending on the statute and whether a minor is depicted; intent to harass or harm is often an element
- Political or election-time deepfakes – Texas moved early to restrict falsified political ads/videos around elections (timing/disclosure rules).
- Related crimes that apply to deepfakes – harassment, impersonation, defamation, identity theft, extortion/threats, and distribution of obscene material can all be charged when deepfakes are used.
This year, the Responsible AI Governance Act was signed into law, while the Take It Down Act became federal law. These statutes regulate the use of AI and deepfakes, providing relief for victims, especially minors, of unauthorized use of their image or likeness in harmful AI-generated content.
When you encounter compelling digital media today, especially if it seems unbelievable, you must now consider the possibility that it was created by a deep learning algorithm.
Protecting yourself requires vigilance and knowing your legal rights. Contact Edgett Law Firm for reliable legal advice: 972-424-0760 or go to edgettlawfirm.com/contact/