The Threat of Deepfakes and the Defense of Digital Image

The unauthorized dissemination of manipulated content through artificial intelligence, known as deepfakes, represents one of the most insidious challenges to personal and professional reputation in the digital age. Finding oneself, unknowingly, as the protagonist of videos that attribute actions never committed or words never spoken generates a profound sense of powerlessness and violation. As a lawyer specializing in criminal law in Milan, Avv. Marco Bianucci understands the psychological and social gravity of these digital aggressions. These are not mere bad-taste 'pranks,' but genuine illicit conduct that requires timely and decisive legal intervention to limit damages and restore the truth.

The Regulatory Framework: Defamation, Privacy, and Cybercrimes

Italian law offers several tools to combat the phenomenon of deepfakes, although technology often outpaces legislation. The creation and dissemination of manipulated videos can constitute various criminal offenses. Firstly, if the content of the video offends a person's honor and dignity, the crime of aggravated defamation is constituted, as it is committed through a powerful means of publicity like the web. Furthermore, if a deepfake uses the victim's image to mislead others or cause harm, the crime of impersonation (Article 494 of the Italian Criminal Code) may be applicable.

The protection offered by the Privacy Code is also particularly relevant, and in more serious cases where the content is sexually explicit, it falls within the scope of so-called 'Revenge Porn' or the illicit dissemination of sexually explicit images or videos (Article 612-ter of the Italian Criminal Code), a law that severely punishes anyone who sends, delivers, cedes, publishes, or disseminates images or videos of a sexually explicit nature, intended to remain private, without the consent of the persons depicted. It is crucial to understand that even the simple sharing of such content can entail significant criminal liability.

The Bianucci Law Firm's Approach to Reputation Protection

Addressing a reputational crisis caused by a deepfake requires a strategy that combines legal and technical expertise. The approach of Avv. Marco Bianucci, a lawyer specializing in criminal law and image protection in Milan, is distinguished by its speed of action and practicality. The first fundamental step is not mere reporting, but forensic evidence acquisition. Many users make the mistake of taking simple screenshots, which have no evidentiary value in court; the firm utilizes technical consultants to crystallize online content, guaranteeing its authenticity and a fixed date before it is removed or modified.

Subsequently, the strategy moves on two parallel tracks. On one hand, formal notices are sent to platform operators, and urgent appeals are made to the Personal Data Protection Authority to obtain the immediate removal of offensive content and its de-indexing from search engines. On the other hand, criminal proceedings are initiated through the drafting of detailed complaints to the competent authorities, aimed at identifying the perpetrators of the manipulation. The ultimate goal is not only the punishment of the guilty party but also obtaining adequate compensation for damages, including moral, biological, and reputational harm suffered by the victim.

Frequently Asked Questions

Is creating a deepfake always a crime?

Creating a deepfake is not automatically a crime if it remains in the private sphere or has clearly declared satirical purposes, but it becomes criminally prosecutable when it is disseminated without consent and harms the reputation, honor, or privacy of the person depicted, or is used to commit fraud or extortion.

What should I do as soon as I discover a fake video concerning me?

The first rule is not to panic and not to delete anything. It is essential not to contact the creator of the video to prevent them from destroying evidence. Immediately contact an expert lawyer to proceed with the forensic acquisition of web pages or files, which will serve as crucial evidence in future criminal and civil proceedings.

Is it possible to obtain compensation for damages from a deepfake?

Absolutely yes. The victim is entitled to compensation for material damages (if the image was used for commercial purposes or caused job loss) and especially for non-material damages, namely the moral suffering and damage to social life caused by the violation of their reputation.

How long does it take to remove offensive content from the web?

The timeframes vary depending on the platform and the procedure initiated. Ordinary reports can take days or weeks, while urgent procedures initiated through a lawyer, such as appeals to the Data Protection Authority or interim measures in court, aim to achieve the blocking of content in much shorter times, sometimes even within 24-48 hours.

Protect Your Image with the Bianucci Law Firm

If your reputation is under attack due to deepfakes, video montages, or defamatory online content, time is a crucial factor. Don't let a falsehood define your reality. Contact Avv. Marco Bianucci for an immediate and confidential assessment of your case. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, is ready to deploy the best legal strategies to defend your dignity and obtain justice.