DEEPFAKE TECHNOLOGIES AS A NEW TOOL FOR COMMITTING CRIMINAL OFFENCES: A COMPARATIVE STUDY

This article presents a comprehensive study of deepfake technologies as a new tool for committing criminal offences against the backdrop of the rapid development of generative artificial intelligence and the digitalisation of society. The relevance of the topic stems from the significant increase in the use of deepfake technologies in fraud, cybercrime, information and psychological operations, extortion, invasion of privacy, as well as in crimes against the foundations of national security. It is emphasised that modern deepfake materials are characterised by a high level of realism, which significantly complicates their detection, verification of authenticity, and use in criminal proceedings. The aim of the article is to provide a comprehensive criminological and criminal law analysis of deepfake technologies as a new tool for criminal activity, to identify the main forms of their use for criminal purposes, and to develop proposals for improving mechanisms to counter the criminal use of generative artificial intelligence in Ukraine. This paper analyses current academic approaches to defining the nature of deepfake technologies, examines how they operate, and assesses the level of public risk they pose. It has been established that deepfakes are increasingly being used for financial fraud, the creation of fake audio and video materials, the discrediting of individuals, the circumvention of biometric identification systems, the conduct of information operations, and the manipulation of public consciousness. Particular attention is paid to analysing international experience of the use of deepfake technologies in criminal activity. Examples are given of high-profile cases of deepfake fraud in the UK and Hong Kong, the use of synthetic content during election campaigns in India, and the application of deepfakes within information and psychological operations during international conflicts. The main approaches to countering deepfake threats in foreign countries are examined. It is established that an effective fight against the illegal use of deepfakes is achieved through a combination of criminal law, technical, organisational, and information-preventive mechanisms. The study analyses the European Union’s experience in implementing the AI Act, as well as the practices of the US, China, the UK and other states regarding the criminalisation of certain forms of deepfake use and the development of systems for the automatic detection of synthetic content. Based on the findings of the study, conclusions have been drawn regarding the need to improve Ukraine’s criminal legislation in the area of combating the criminal use of deepfake technologies, the development of digital forensics, the creation of specialised mechanisms for detecting synthetic content, as well as the enhancement of the population’s digital literacy and the state’s information security

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