Deepfakes and Business Reputation: 5 Ways to Protect Yourself

Table of Contents:

• What are deepfakes and how are they created?
• The impact of deepfakes on business and brand reputation
• Regulating deepfakes: legal aspects and possibilities of prosecution
• How to cope with the threat of deepfakes for business
• The dangers and consequences of using deepfakes in criminal schemes

What are deepfakes and how are they created?

Deepfakes are artificially created images, audio, or video materials generated using artificial intelligence (AI) technologies. These technologies analyze source data to accurately reproduce the appearance, facial expressions, gestures, and speech patterns of a specific person, allowing the creation of content that visually and audibly resembles the original. Deepfakes are finding applications in a variety of fields, including film, advertising, and social media, but their use also raises concerns about potential abuses, such as the spread of misinformation or the manipulation of public opinion.

Neural networks have the potential to replace the face of a famous actor with the body of another person, creating new opportunities in the film and advertising industries. Furthermore, using a speech sample, one can fake a voice, making deepfakes a versatile tool for content creation. Using these technologies opens up opportunities for innovative projects, but also requires careful consideration of ethical and security issues.

Deepfakes are becoming increasingly relevant in a variety of fields, such as advertising, film, and the creation of viral content on social media. In 2023, creative agency Agenda Agency used deepfakes featuring actor Keanu Reeves to create an original commercial in which the celebrity checks to see if he has turned off his iron. This creative approach demonstrates the growing popularity of deepfake technology and its potential to create engaging content that can capture audience attention. Using deepfakes in advertising opens up new opportunities for brands, allowing them to engage with consumers on a more personal level and create memorable images.

The Impact of Deepfakes on Business and Brand Reputation

Modern technologies, such as neural networks, open new horizons not only for creation but also for destruction. Attackers actively use deepfakes to deceive and manipulate, finding various ways to use them. These technologies can undermine trust in information by creating false images and videos, leading to disinformation and influencing public opinion. It is important to understand the potential threats associated with the use of such technologies and take measures to prevent them.

The creation of fake news is one of the common methods of disinformation. For example, attackers can use technology to generate videos or audio recordings of a company executive or celebrity making incriminating statements. Such manipulations can seriously undermine trust in a business and negatively impact its reputation. Such actions not only harm specific organizations but also set a dangerous precedent, facilitating the spread of false information throughout society.

The spread of fake reviews has become a serious problem. Competitors can use neural networks to create negative video reviews and post them on social media or review platforms. Since neural networks can generate hundreds of such fake reviews per hour, restoring a reputation after such an attack requires significant time and money. This problem highlights the importance of monitoring online reputation and developing strategies to protect a brand from unfair competition.

Fraud using deepfake technologies is becoming an increasingly pressing issue. Attackers can impersonate a company executive's voice or create a video call with their image, which in turn can lead to significant financial losses. For example, scammers might pose as a director and request a large transfer of funds from an accountant. Such fraudulent tactics require companies to pay increased attention to security and implement effective fraud protection measures.

Deepfake fraud is becoming increasingly common in various countries, including Russia, the United States, and China. In 2024, a Hong Kong company experienced a serious threat, losing $24 million in a video call with scammers who used artificial intelligence to create fake images of senior executives. This incident highlights the importance of raising awareness of the risks associated with deepfakes and the need to implement effective measures to protect against such threats.

Malicious actions can lead to significant losses for companies, including customer defections and financial losses. A study conducted by MTS AI and B1 found that 79% of businesses view deepfakes as a serious threat, and 13% of respondents expressed concerns about their ability to protect themselves from such attacks. In the face of growing cyber threats, it is important to prioritize security measures and develop strategies to protect against content manipulation.

Deepfake Regulation: Legal Aspects and Prosecution Possibilities

Currently, Russian legislation lacks a clear definition of the term "deepfake." However, a bill was introduced to the State Duma in 2024 that could bring clarity to this area. Currently, the bill has not yet been adopted, leaving the question of legal regulation of deepfakes open. The discussion of this issue is becoming increasingly relevant in light of the rise of deep learning technologies and their impact on public perception of information.

We consulted a legal expert to find out whether the process of creating deepfakes violates the law and whether it is possible to sue their creators.

Senior IT and Intellectual Property Lawyer at RTM Group. Specializes in legal matters related to the IT sector and the protection of intellectual property rights. Provides legal support for software development, copyright compliance, and patenting innovations. Experience in this field allows him to effectively resolve complex legal issues, ensuring the protection of clients' interests.

The creation of deepfakes in itself does not violate the law. However, depending on the content and methods used in their creation, other legal provisions may be violated. Such violations include, for example, the use of someone else's image without permission, which can lead to copyright or personality rights infringement. Also, if deepfakes are used to spread misinformation, defamation, or other forms of fraud, this may result in criminal liability. It is important to take these aspects into account when working with deepfake technologies and to be aware of the possible legal consequences.

• rights to intellectual property (Articles 1255, 1259, 1304 of the Civil Code of the Russian Federation);
• honor, dignity and business reputation (Article 152 of the Civil Code of the Russian Federation);
• the right to an image of a citizen (Article 152.1 of the Civil Code of the Russian Federation);
• the right to privacy (Article 152.2 of the Civil Code of the Russian Federation);
• protection of personal data (Federal Law 152 "On Personal Data").

Using a person's image without consent is a violation of rights. If a deepfake is used to disseminate false information that defames the honor and dignity of an individual, this may entail legal consequences in accordance with Article 152 of the Civil Code of the Russian Federation. It's important to remember that such actions can result in lawsuits and fines, as well as criminal liability in the case of serious violations. Therefore, it's essential to always obtain permission to use images and be mindful of the legality of the content you create or distribute.

Deepfakes can be used for defamation, fraud, and extortion. These actions are illegal, and deepfakes serve only as a tool for criminals. If such situations arise, it's essential to immediately contact law enforcement. Protecting the rights and interests of citizens is important, and law enforcement agencies are capable of taking action against such crimes using modern investigative technologies.

Can you sue those who use deepfakes? Yes, you can if the use of deepfakes violates your honor, dignity, or business reputation. In such cases, you can seek compensation for moral damages and the removal of the offensive content. To successfully pursue legal action, you must provide evidence proving the violation. It's important to gather all necessary materials, such as deepfake screenshots, expert opinions, and witness statements, to support your claims. Legal protection against the misuse of deepfakes is essential in today's digital world and can help restore your reputation.

• the fact of dissemination of false information;
• the defamatory nature of this information;
• the inconsistency between the facts presented in the deepfake and reality.

In addition to going to court, it is possible to contact the website owner with a request to remove the content that violates rights. According to Article 15.7 of the Law "On Information", the owner is obliged to remove such content within 24 hours. This is an important mechanism for protecting rights, which allows for a quick response to situations related to copyright infringement or the dissemination of false information. Contacting the website owner can be an effective way to resolve the problem before going to court.

To block access to content, you must file a claim in accordance with Article 144.1 of the Civil Procedure Code of the Russian Federation. If the court makes a positive decision, you should contact Roskomnadzor with a request to block access to this content within 15 days. This will help protect your rights and prevent the further spread of unwanted information.

The adoption of Bill No. 718538-8 will criminalize the use of deepfakes for criminal purposes. Deepfakes will be considered a qualifying offense under articles of the Criminal Code of the Russian Federation, including "Defamation" and "Fraud." This change implies harsh penalties, which underscores the importance of combating manipulation and disinformation created using modern technologies. Legislative initiatives in this area are aimed at protecting citizens from abuse and fraudulent activities associated with the use of deepfakes.

According to the new bill, strict penalties are provided for crimes related to the use of deepfakes. The bill aims to combat the dissemination of false information and the manipulation of public opinion. In case of violation of established norms, perpetrators may face various penalties, including fines and imprisonment. This step is an important part of efforts to ensure security in the digital space and protect the rights of citizens. The discussion of the bill highlights the urgency of the problem associated with deepfake technology and the need to create a clear legal framework to prevent abuse.

• Defamation - a fine of up to 1.5 million rubles or up to three years in prison.
• Fraud - a fine of up to 400,000 rubles or up to six years in prison.
• Extortion - up to seven years in prison with a fine of up to 500,000 rubles.
• Causing property damage - up to five years in prison with a fine of up to 80,000 rubles.

Lawmakers have proposed introducing penalties for theft related to the use of deepfake technology. The proposed measures could include fines of up to 200,000 rubles and imprisonment for up to five years. These initiatives are aimed at combating new forms of crime emerging in the context of digitalization.

How to Cope with the Threat of Deepfakes for Business

With the growing threat of deepfakes, every company must develop a response strategy in advance. We held a discussion with PR and cybersecurity experts, who suggested a number of effective methods for countering attacks using fake media. These strategies will help protect a company's reputation and minimize the impact of disinformation. It is important not only to promptly identify deepfakes but also to have a plan for debunking them and informing the target audience. Creating a system for monitoring and analyzing media content will be a key step in protecting against potential threats.

While it is impossible to completely protect against deepfakes, the risks associated with them can be significantly reduced. A key aspect is training employees in methods for recognizing fake materials. It is also necessary to implement monitoring systems that will ensure a prompt response to emerging threats. Effective protection requires a comprehensive approach, including regular training and updated deepfake detection technologies.

Dmitry Sidorin, founder of Sidorin Lab, argues that retractions should only be published in cases where fake information could cause serious harm. In particular, if disinformation is spread through widely known channels, it is important to quickly and clearly convey the truth to the target audience. Effective retractions help prevent the spread of false information and protect reputation.

A personal brand can suffer much more than a company's overall reputation. Therefore, it is critical to proactively implement monitoring systems that can detect disinformation at an early stage. Effective tools for tracking mentions and analyzing public opinion will help protect your personal image and prevent negative consequences. In today's world, where information spreads quickly, a proactive approach to reputation management is becoming essential for successful personal brand development.

Yuri Gizatullin, founder of Tiqum, emphasizes the importance of quickly responding to deepfakes. It's essential to promptly inform partners of the truth to minimize potential damage. In today's world, where trust in individuals is increasingly vulnerable, protecting the reputation of both the company and its executives is critical. Effective reputation management requires a proactive approach and a willingness to quickly respond to threats associated with information falsification.

Elena Lungu from METIZ emphasizes the importance of taking action upon discovering fake information. The first step should be an immediate official statement clarifying the situation and stating that the information is fake. It's important to provide compelling evidence, such as original materials, to refute false claims and restore trust in your brand.

Engaging experts to analyze the current situation is essential, as this allows for an objective assessment and recommendations. Actively using social media to disseminate truthful information also plays a key role in combating disinformation. Ignoring even the most absurd rumors can lead to their spread, so it's important to stay informed and respond to fake news promptly.

Roman Strelnikov from 1C-Bitrix emphasizes the importance of using secure messengers to ensure the security of corporate information. Training employees to recognize the signs of phishing and adhere to strict procedures when conducting financial transactions is a necessary step to protect the business from cyberthreats. Implementing such measures will reduce the risk of data leaks and financial losses, which is important in today's digital world.

Regular security training and the implementation of multi-level verification for financial transactions are important measures to reduce the risk of fraud. These approaches help ensure the protection of customer data and prevent unauthorized access to financial information. Investing in employee training and strengthening security measures helps build trust in your company and reduce losses from potential fraudulent activities.

Using anti-phishing solutions and network activity monitoring systems is a key element in ensuring security. These tools enable rapid detection and blocking of threats, protecting users and organizations from potential attacks. Effective anti-phishing protection requires regular network traffic analysis and a proactive approach to cybersecurity. Investing in such technologies significantly reduces risks and helps maintain robust data protection.

In conclusion, while complete protection against deepfakes is impossible, companies can take a number of measures to minimize risks and protect their reputation. This includes implementing technologies to detect and counter deepfakes, training employees in information security, and actively managing their corporate reputation in the digital space. Taking a comprehensive approach will enable organizations to effectively address the challenges posed by deepfakes and maintain the trust of customers and partners.

The Dangers and Consequences of Using Deepfakes in Criminal Schemes

• Deepfakes are artificial intelligence-based technologies that create fake audio, video, and images, imitating the appearance and voice of real people.
• Attackers can use deepfakes to deceive by impersonating high-ranking company employees and initiating financial fraud, such as requests for fund transfers.
• Fake videos and audio are also becoming a tool for creating disinformation, including fake news and negative reviews, which can seriously damage the reputation of an organization or individual.
• Experts recommend immediately publishing a retraction if a deepfake is detected to limit reputational and financial damage. It is also important to train employees in the basics of information security so that they can identify fake materials and avoid manipulation by fraudsters.