Criminal Liability for Deepfake Content that Damages a Person’s Reputation: A Perspective Under Indonesian Criminal Law

Abstract

The development of Artificial Intelligence (AI) has given rise to deepfake technology, which can generate or manipulate images, audio, and videos to make them appear authentic. The misuse of this technology may be employed to attack a person’s honor and reputation. This study aims to analyze the criminal law regulation of deepfake content that harms a person’s reputation, as well as the criminal liability of its creators and disseminators. This research employs a normative legal method using statutory, conceptual, and case approaches. The results of the study indicate that the misuse of deepfake technology may be subject to criminal charges under the provisions of the National Criminal Code and Article 27A of the Electronic Information and Transactions Law (ITE Law) if the elements of a criminal offense are fulfilled. Criminal liability is imposed on parties who commit the unlawful act and possess criminal intent or negligence, whereas AI developers cannot be held automatically liable without evidence of direct involvement and fault. Therefore, strengthening criminal law policies and enhancing digital forensic capabilities are necessary to effectively address the misuse of deepfake technology.