The development of digital technologies and artificial intelligence-based tools has led to the emergence of new forms of image and sound manipulation. One of the most striking examples of this phenomenon is deepfake technology, which began to appear online around 2017. Initially used primarily for entertainment or experimental purposes, it quickly found applications in disinformation and even criminal activities.

The first widely discussed use of this technology appeared in 2017, when fake pornographic material depicting actress Gal Gadot participating in sexually explicit scenes was posted on Reddit. In reality, this manipulation involved digitally superimposing her image onto another person's body. The material was created by an anonymous user using the pseudonym "deepfake." This pseudonym gives rise to the technology's name, which now describes the process of creating realistic yet inauthentic audiovisual materials.

Over time, similar materials began to appear more frequently online. Creators exploited images of politicians, celebrities, and other public figures, placing them in situations that never actually occurred. This phenomenon quickly attracted the attention of both the public and academics, who began to analyze its social and legal implications.

In the literature, deepfakes are defined as information technology that uses artificial intelligence algorithms to generate or modify images and video recordings to depict events that do not exist in reality. In practice, this means the creation of materials that realistically depict people saying words or performing actions they never actually performed.

This technology has applications in many areas of life. It can be used in the film industry, advertising, education, and entertainment. For example, it allows for the recreation of deceased actors in new film productions or the realistic reconstruction of historical figures in educational materials. However, this same mechanism can also be used in ways that violate the rights of others.

From a criminal law perspective, the use of deepfake technology can constitute various prohibited acts. One of these is the crime of impersonating another person, as defined in Article 190a § 2 of the Penal Code. This provision penalizes conduct involving the use of another person's image or identifying information to cause property or personal harm.

This act is formal in nature, meaning that actual harm is not necessary to commit it. Simply taking action to use an image or personal data in a way that creates the impression that a given person is the author of a specific statement or action is sufficient. Legal doctrine and case law also emphasize that this offense can only be committed with direct intent.

Another category of prohibited acts that can be committed using deepfake technology are crimes against honor. Specifically, this includes defamation, as defined in Article 212 of the Penal Code, and insult, as defined in Article 216 of the Penal Code. Defamation involves accusing a person of conduct or characteristics that may expose them to a loss of public trust or degrade them in public opinion. In the case of deepfake technology, defamation may take the form of a manipulated video recording or image depicting a person in a compromising situation.

Insult, on the other hand, involves showing contempt for another person through offensive behavior or statements. As the Supreme Court has indicated in its case law, the assessment of whether a given behavior constitutes insult should be made in light of prevailing social norms.

Deepfake technology may also be used in the context of the offense specified in Article 191a of the Penal Code, which concerns the recording or dissemination of an image of a nude person or a person engaged in sexual activity without their consent. This provision primarily protects an individual's privacy and intimacy, and its purpose is to ensure that each person has the ability to decide whether and to what extent their intimate image may be disseminated.

It's also worth emphasizing that deepfake technology can be used to commit other crimes, including stalking (Article 190a of the Penal Code), fraud (Article 286 of the Penal Code), and coercion (Article 191 § 1 of the Penal Code). The dynamic development of AI-based tools means that the catalogue of potential threats associated with their use is constantly expanding.

In summary, deepfake technology is an example of a tool that can have both positive and negative applications. Although it is often used legally, its manipulative potential makes it an effective tool for committing crimes. Therefore, analyzing the legal aspects of its use is becoming increasingly important for both legal studies and law enforcement practice.

This article is for informational purposes only and does not constitute legal advice.

Legal status as of March 30, 2026.

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