Is creating deepfake videos of celebrities punishable?

In the age of AI explosion, creating deepfake videos of celebrities is no longer uncommon. With just a few simple tools, anyone can “transform” the face and voice of a singer, actor, or KOL into any content. However, many people wonder if creating deepfake videos of celebrities is punishable. Let’s find out in the article below!

What is Deepfake?

Deepfake is a technology that applies artificial intelligence (AI), especially deep learning techniques, to create fake videos, images, or sounds with extremely high realism. This technology can “swap” a person’s face and voice onto completely different content, making it difficult for viewers to distinguish between real and fake with the naked eye.

With just a relatively small amount of input data, such as portraits, short videos, or voice samples, current AI tools can create deepfake videos with incredible accuracy. Therefore, deepfakes are becoming increasingly popular in content creation, entertainment, and marketing.

However, precisely because of their “realistic” nature, deepfakes pose serious legal risks. Specifically:

• Deepfakes can infringe on the honor, dignity, and reputation of individuals by superimposing images of others onto false or offensive content.

• They can be exploited for fraud and property theft, especially in scenarios where celebrities are impersonated to solicit investments or sales.

• They can cause misinformation, distort viewers’ perceptions, and affect social order.

It is noteworthy that Vietnamese law currently lacks a specific legal document directly regulating “deepfakes.” However, this does not mean that this behavior is beyond control. On the contrary, the current legal system, such as the Cybersecurity Law, the Civil Code, the Criminal Code, and the Intellectual Property Law, has sufficient grounds to handle the misuse of deepfakes.

Is creating deepfake videos of celebrities punishable?

In reality, whether or not creating deepfake videos of celebrities is punishable is not applied rigidly, but depends on the purpose of use, the content expressed, and the extent of the impact the act has on individuals, organizations, and society.

Case 1: Creating deepfake videos of celebrities is punishable

Besides creative applications, using deepfakes for malicious purposes or causing negative impacts can lead to legal penalties. In fact, most risks associated with deepfakes stem from the misuse of celebrity images without permission or for illegitimate purposes. Below are some typical cases that are easily punishable under Vietnamese law:

Using deepfakes to defame or insult the honor of celebrities

One of the most common acts is creating deepfake videos to falsely accuse celebrities of making shocking statements, fabricating scandals, and damaging their image and reputation.

According to Article 8 of the 2018 Cybersecurity Law, the act of posting false, distorted, slanderous, or insulting information about the honor and reputation of individuals is strictly prohibited.

Examples:

• Creating deepfake videos that make celebrities make “shocking statements”

• Fabricating sensitive clips to gain views and attention

In these cases, even if only for “entertainment” purposes, the perpetrator can still be punished if it causes negative impact.

Using deepfakes for advertising and illegally profiting

Exploiting the images of celebrities to advertise products using deepfakes is a serious violation of personal image rights.

Specifically:

• Adding the faces of KOLs and artists to advertising videos without their consent

• Creating “fake review” clips to increase product credibility

• Using deepfakes to sell goods and make profits

According to Decree 15/2020/ND-CP, the act of providing or sharing false or misleading information can be fined from 10 to 20 million VND and the infringing content must be removed. In addition, the infringed party has the right to claim compensation for damages as stipulated in the Civil Code.

Creating deepfakes for fraudulent purposes

This is the most dangerous case and can be subject to criminal prosecution. Common behaviors include:

• Impersonating celebrities to solicit investments and donations

• Using deepfake videos to gain trust and steal assets

• Impersonating KOLs to lure viewers into financial activities

In this case, the offender may be prosecuted under:

• Fraudulent appropriation of property (Article 174 of the Penal Code)

• Penalties can range from imprisonment depending on the amount stolen

At that point, deepfake is no longer a tool for entertainment, but becomes a means of committing crimes.

Disseminating deepfake content that negatively impacts society

Not only the creator, but also those who distribute or share deepfake videos can be prosecuted if the content causes public panic, affects social order, and spreads fake news online. According to the law, the act of sharing false information online is also subject to similar penalties as the creator of the content.

Case 2: Creating Deepfake Videos of Celebrities Without Penalties

Not all deepfake videos are considered illegal. In fact, there are cases where this technology is used legally, under control, and without negative consequences. However, for “legal safety,” content creators need to understand the following conditions.

Entertainment and creative purpose (with control)

Deepfakes can be used in the entertainment and content creation fields if they are transparent and do not cause misunderstanding.

Specifically:

• Videos that are parody, meme, or humorous for entertainment purposes, not offensive.

• Content must be clearly simulated and not lead viewers to believe it is a real statement or action by a celebrity.

• Deepfakes must not be used to defame, insult, or create a fabricated scandal.

For example: A video superimposing a celebrity’s face into a humorous situation, with clear captions and without distorting the individual’s image, may be considered acceptable.

However, it’s important to note: even a small misleading detail can turn content from “entertainment” to “violation.”

Consent of the person whose image is used is required.

This is the most important factor in making a deepfake video legal. In the following cases, creating a deepfake video will not be penalized because it does not infringe on the individual’s image rights.

• Advertising collaborations must have clear contractual agreements.

• Use of images in licensed art, film, and media projects is permitted.

• Written consent or authorization from the celebrity is required.

In reality, many marketing campaigns now use AI to recreate images of celebrities, but this is always accompanied by permission and strict content control.

Transparent and harmless content

A deepfake video is considered “safe” when it ensures transparency and does not negatively impact society.

Specifically:

• Clear annotations such as: “simulated content,” “AI-generated,” “deepfake”

• Does not spread false or misleading information

• Does not serve the purpose of profiteering, fraud, or manipulation of perception

Transparency helps viewers understand the true nature of the content, thereby minimizing legal risks for the creator. Although there are cases where no penalties are imposed, the line between legality and violation in deepfake technology is very thin.

A video might initially be purely for entertainment, but if it spreads widely and is misinterpreted, it can still be subject to legal action. Therefore, when using deepfake, especially with celebrities, content creators need to prioritize ethical and legal factors, always checking the impact before posting. In other words, deepfake itself isn’t wrong, but how you use it is what determines whether you violate the law.

The above is an article titled “Is creating deepfake videos of celebrities punishable?”. Hopefully, the information above has helped you understand the legal boundaries when using deepfake technology in practice.

Sincerely,

FAQ