LIABILITY FOR MISUSE OF DEEPFAKE ARTIFICIAL INTELLIGENCE TECHNOLOGY THAT CONTAINS ELEMENTS OF PORNOGRAPHY IN REVIEW OF POSITIVE LAW IN INDONESIA
Muhammad Ilman Abidin, Ahmad Faizal Adha, Salma Suroyya, Chicha Chairunnisa

Universitas Islam Bandung

Abstract

This writing aims to find out who should be responsible for the rampant phenomenon of deepfake AI for the purpose of making pornographic content, and how Indonesian law regulates it. Deepfakes, which may be categorized as a subfield stemming from the utilization of artificial intelligence technology, possess the capacity to modify visual media by superimposing facial features onto the bodies of individuals other than their original owners, so generating fabricated videos that present misleading depictions. Initially, the utilization of deepfakes was mostly observed within the domain of filmmaking, subsequently extending its application to various gadget functions. However, it is crucial to acknowledge that the potential of deepfakes has been exploited for the creation of explicit videos with pornographic content. This research uses a normative law type of approach. The findings of this study indicate that Indonesia currently lacks specific legislation pertaining to artificial intelligence technology, with the exception of its explicit mention in Law Number 19 of 2016, which pertains to amendments made to Law Number 11 of 2008 regulating Electronic Information and Transactions (ITE Law). The regulation of pornographic content generation is addressed in Law Number 44 of 2008 on Pornography, which categorizes it as a forbidden activity and imposes criminal penalties as a means of holding the offender legally accountable. The utilization of deepfake technology by operators of pornographic platforms is subject to regulation and prohibition as stipulated in Government Regulation (PP) Number 71 of 2019, which pertains to the implementation of electronic systems and transactions.

Keywords: Artificial intelligence, deep fake, pornography

Topic: Law and Ethics in Terms of Islamic Perspective