Deepfakes regulation: Flood of deepfake regulations is a mixed blessing

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  Quantumrun Foresight
• January 30, 2022

Insight summary

Deepfakes, while posing risks such as misuse in propaganda and identity theft, also offer opportunities in fields like entertainment, education, and medicine. Regulations are being put in place to curb potential abuse, but these laws must be carefully balanced to avoid stifling creativity and technological progress. The implications of these regulations include the development of deepfake detection tools, changes in labor markets, and potential influences on environmental policies due to the energy-intensive nature of creating deepfakes.

Deepfakes regulation context

Deepfakes—artificially created images and videos that mimic real people and real events—are seen primarily as a threat because of the technology’s early abusive applications in pornography, and its potential for use in propaganda and influencing election outcomes. In reality, this technology offers significant opportunities for innovation in sectors ranging from entertainment to education and medicine. Consequently, a plethora of regulation around this technology raises serious concerns that lawmakers could end up throwing the baby out with the bathwater.

Three US states—California, Virginia, and Texas—have passed laws to regulate deepfakes. Legislation is pending in at least nine other states, while Congress has yet to consider what to do with four pending federal bills. Lawmakers have predominantly addressed the technology’s potential for abuse—in pornography, revenge porn, and election meddling.

But some bills consider varied use cases, such as in creative arts and education, and raise questions about intellectual property. Even though some laws have been passed, there is growing recognition that the debate on deepfake technology is still evolving. Besides, technology to quickly detect deepfakes is also emerging, and could perhaps neutralize its worst abuses.

Disruptive impact

The regulation of deepfakes can serve as a protective measure against potential misuse. For instance, it can prevent the creation of false narratives that could harm personal reputations or lead to identity theft. However, it is crucial to strike a balance to avoid infringing on creative freedoms, such as the use of deepfakes for entertainment or artistic expression.

Tech companies may face stringent regulations and compliance burdens, potentially slowing down innovation. However, these regulations could also stimulate the development of new tools and services aimed at detecting and combating deepfakes, opening up new markets and avenues for growth.

For governments, overly restrictive laws may stifle technological advancement and limit the potential benefits of this technology. However, a lack of regulation could leave society vulnerable to the misuse of deepfakes, such as in the spread of misinformation or manipulation of public opinion. Therefore, it is essential for governments to engage in ongoing dialogue with experts, stakeholders, and the public to ensure that regulations are fair, effective, and adaptable to technological changes.

Implications of deepfake regulations

Wider implications of deepfake regulations may include:

• More funding being funneled into deepfake detection research and to develop technology that can quickly detect and flag fake images and video. 


• Public education programs helping the public and private sector understand how this new technology can and should be used. 


• The internationalization of deepfake regulation as other countries copy and build upon these early, abovementioned US regulations.


• The establishment of new standards for digital content authenticity, leading to increased transparency and trust in online media.


• The potential for deepfake regulation to influence election laws, leading to stricter rules on the use of manipulated media in political campaigns.


• The potential for demographic disparities in the impact of deepfake regulation, with younger, more tech-savvy individuals being more aware of and resilient to deepfakes.


• The potential for deepfake regulation to drive technological advances in artificial intelligence and machine learning, leading to the development of more sophisticated tools for content creation and verification.


• The potential for changes in labor markets, with increased demand for professionals skilled in deepfake detection and digital forensics.


• The potential for deepfake regulation to influence environmental policies, as the energy-intensive process of creating deepfakes could be subject to carbon footprint regulations.

Questions to consider

• Do you think the risks from deepfakes have been deliberately exaggerated to provoke regulation?


• Will proposed legislation to regulate deepfakes strangle adoption of an exciting new technology and throttle innovation?