Deepfakes and Rights

Introduction

Artificial intelligence has many uses: from answering questions or drafting documents, to creating hyperrealistic images and videos of artists, politicians, or business leaders saying things they never actually said.

The phenomenon of deepfakes is no longer mere entertainment. Today, it is used in financial scams, disinformation campaigns, and public manipulation.

A worrying example: ads are circulating on social media where a public figure “recommends investing” in stocks or cryptocurrencies. In reality, these are AI-generated fabrications. Thousands of people have fallen into these traps.

The inevitable question is: if what you see is not real, who is responsible?

The deepfake phenomenon with AI

• They are generated with AI models capable of mimicking voices and faces.
• Fake ads exploit the credibility of well-known figures to sell non-existent products or investments.
• The legal challenge: proving the content is false and identifying the person behind its creation or distribution.

The international legal framework

A. Right to image and voice

• No one can use your image or voice for commercial purposes without your consent.
• Deepfakes using celebrities to sell investments are a clear violation of this right.

B. Financial scams

• If deepfakes induce people to invest in non-existent products, they fall under the crime of fraud.
• The challenge: fraudsters often operate across jurisdictions, making prosecution difficult.

C. Platform liability

• The debate is whether platforms like Facebook, TikTok, or YouTube should detect and remove these ads before they spread.
• In Europe, the Digital Services Act already imposes this obligation. In the U.S., several states sanction deepfakes in electoral or consumer contexts.

And in Panama: what criminal charges could apply?

Although Panama does not yet have a law specifically regulating deepfakes, existing laws can apply:

• Fraud (Art. 213, Penal Code): if the deepfake induces someone to invest in a non-existent product.
• Electronic fraud (Law 51 of 2008): when digital means are used to carry out the scam.
• Slander and libel (Arts. 193–195, Penal Code): if the deepfake damages the honor or reputation of the impersonated person.
• Right to image and personal data (Law 81 of 2019): for unauthorized use of someone’s voice or likeness.
• False advertising (Law 45 of 2007, enforced by ACODECO): if deepfakes are used in ads directed at consumers.

In cases of sexual deepfakes, charges could extend to non-consensual pornography.

The challenge is not only classification, but also identifying the perpetrator and proving the link between the deepfake and the harm caused.

Recent examples

• Europe: celebrity deepfakes in fake cryptocurrency investment ads.
• U.S.: a man in Los Angeles was tricked into transferring USD 25,000 after scammers cloned his son’s voice, claiming he was in legal trouble.
• LatAm: social media is flooded with supposed “financial recommendations” from public figures, actually fabricated with AI.

Conclusion

AI, while a powerful tool, has also made falsification as easy as writing a script. And although Panamanian laws do not yet mention the word “deepfake,” there are already legal mechanisms to sanction fraud, scams, and unauthorized use of image or likeness.

What is clear is that false content does create real consequences—criminal, civil, and reputational.

The Fine Print doesn’t predict the next viral deepfake… but it does remind you that in Panama and worldwide, digital lies already carry legal consequences.