IViR Lecture Series: ‘The Imitation Game’

Deepfake technologies have progressed at an incredible pace. Thanks to the advancements in AI and machine learning, it is has become easy and cost-efficient to replace one person’s likeness, voice or image with another producing credible results. Such technologies can have positive and helpful applications in the education, creative and technological sectors to name a few. On the other hand, they also raise several concerns as seen in recent times.

Policy makers worldwide are aware of these risks and are taking various initiatives. The EU, for example, recently enacted the AI Act, which is the first legislation worldwide to have introduced harmonised rules for AI systems. This Act contains some specific provisions for deepfakes, notably a general obligation to disclose the artificial origin of the content.

The UK has taken steps to address the negative aspects of deepfakes, albeit through a layered regulatory framework. For example, the Online Safety Act 2023 addresses deepfakes by imposing statutory duties on online platforms. In particular, the Act requires platforms to prevent, detect and remove illegal and harmful content, including non-consensual intimate deepfakes and deceptive AI-generated material. More recently, the Data (Use and Access) Act 2025, strengthened safeguards around the misuse of personal data, reinforcing legal controls over the training and use of GenAI tools. However, it does not directly regulate the creation of synthetic media or address consent. As such, many deepfake harms may fall between established categories of personal data misuse, leading to uncertainty.

Internationally, Japan is a frontrunner in terms of robotics, AI and new technologies and yet at the same time, is one of the countries that has seen a significant surge in the number of deepfake attacks. To address some of the issues emerging in the field of AI, the Japanese government set up the AI Strategy Council in 2023 and as a first step, approved guidelines for AI business operators. In progressing their work, Japan is now considering the introduction of a comprehensive law for AI, which is likely to deal with deepfakes amongst other issues.

This talk based on research conducted in Japan and UK will outline a comparative perspective from law, policy, technology and practice. In particular, the paper will address the current gaps and provide insights from different sectors in highlighting ways in which the growing issue of deepfakes can be tackled. In doing so, the paper will make reference to the developments from Japan and the policy initiatives in tackling deepfakes in both jurisdictions. 

The talk will conclude with reflections on what the future holds for deepfakes, regulation, and AI technologies more broadly.

Professor Dinusha Mendis is Professor of Intellectual Property and Innovation Law and Director of the Centre for Intellectual Property Policy and Management (CIPPM). She joined Bournemouth University in 2011 as Senior Lecturer in Law and was appointed Associate Professor in November 2013 and Professor of Intellectual Property & Innovation Law in November 2016.

Dinusha specialises in Intellectual Property (IP) Law, in particular copyright law. Her research includes exploring the challenges to IP/copyright law as a result of emerging technologies and in this context, she has conducted extensive funded and collaborative research on the IP implications of 3D printing and emerging technologies and has been invited to speak on the topic at the European Parliament; EU Intellectual Property Office; European Patent Office, IP Australia; BBC, The Guardian, UK House of Lords and for blue-chip industry clients, such as Chanel, Jaguar-Land Rover, HP and Siemens amongst others.

More recently, Dinusha has been researching and publishing in the area of blockchain, the Metaverse, Non-Fungible Tokens (NFTs) and Artificial Intelligence (AI) and has delivered keynote presentations and invited talks nationally and internationally.