DEEP FAKE TECHNOLOGY AND CRIMINAL LAW: EVIDENCE, IDENTITY FRAUD, AND THE FUTURE OF VISUAL TRUTH

Deep fake technology, powered by generative adversarial networks and allied machine
learning architectures, has fundamentally destabilised the epistemic foundations upon which
criminal justice systems have long relied. The capacity to fabricate audio-visual content of
near-perfect fidelity raises critical questions regarding the admissibility of digital evidence,
the prosecution of identity fraud and non-consensual intimate image offences, and the
systemic integrity of judicial fact-finding. This paper examines the intersection of deep fake
technology with criminal law across three thematic axes: (i) the evidentiary challenges posed
by synthetic media in criminal proceedings; (ii) the adequacy of existing identity fraud,
defamation, and cybercrime statutes in addressing deep fake-enabled misconduct; and (iii) the
emerging legislative frameworks in the United States, United Kingdom, European Union,
South Korea, and India. Drawing upon case law, statutory analysis, and doctrinal critique, the
paper argues that existing legal regimes are structurally ill-equipped to address synthetic
media threats and advocates for a tiered, technology-sensitive legal framework combining
mandatory disclosure obligations, enhanced forensic authentication standards, and dedicated
criminal provisions. The paper concludes by reflecting on the philosophical question of visual
truth in an era of manufactured reality.

Keywords: Deep fakes; digital evidence; identity fraud; generative adversarial networks;
criminal law; synthetic media; visual truth.