Rätten till ditt eget ansikte? : En rättsutredning av fenomenet deepfakes

Sammanfattning: This thesis aims to investigate the phenomenon of deepfakes and the right to one’s own face. The phenomenon is only a couple of years old when this essay is written. A deepfake is an AI-generated video that often depicts a natural person. A deepfake can have different purposes and violate a person’s privacy at various degrees. As the technology for generating deepfakes becomes more common, the pros and cons become increasingly clear.    In order to create an understanding of what the right to privacy really means, the essay will account for the personality law. Personality law is a broad concept that encompasses physical and personal privacy as well as other rights linked to the person, such as copyright. In personality law, there is scope for different perspectives and theories about the right to privacy. The perspectives that this essay will highlight are the right to be left alone, a moral ownership of the self, the right to classified information, control over one’s own data and intimacy.    An analysis of the right to privacy guaranteed by Article 8 ECHR will then take place. It is followed by a review of Swedish law in order to answer the question of which legal figures a deepfake can update. In Swedish law there is no general provision guaranteeing the right to privacy between individuals. Instead, the Swedish legislator has chosen to regulate special situations in order to guarantee the right and not to restrict freedom of expression in an unjustified way. Copyright is central to the petition and is followed by a review of the Law on Name and Image in Advertising, the Marketing Act, the Trademark Act and the Criminal Code. It can be concluded that Swedish law is not comprehensive. The legislation is something of a patchwork. The nature of the deepfake determines which law becomes applicable, if any. The question is whether it is compatible with Article 8 ECHR. The European Court of Human Rights has ruled that the protection of privacy is extensive and, in any case, guarantees individuals the right not to have their image published unless there is a public interest. Swedish law cannot be said with certainty to guarantee the right to privacy in regard to the relation between individuals.