“Deepfakes” and
the Ethics of
Faked Video
Content
Luca de Winter (0983440)
DATE: 1/11/2020
SUBJECT CODE: IBPPD319FT2 PROFESSIONAL DEVELOPMENT III
Table of content
1.Beyond the legal worries, what is the ethical problem with Deepfake videos? Does this problem
change if the targeted individual is a public or private figure? .............................................................. 2
2. Do your concerns about the ethics of Deepfakes videos depend upon them being made public,
and not being kept private by their creator? .......................................................................................... 3
3. Do the ethical and legal concerns raised concerning Deepfakes matter for more traditional forms
of art that use nude and non-nude depictions of public figures? Why or why not?.............................. 5
4. How might artists use Deepfakes as part of their art? Can you envision ways that politicians and
celebrities could be legitimately criticized through the creation of biting but fake videos? ................. 6
5. How would you balance the need to protect artists (and others’) interest in expressing their views
with the public’s need for truthful information? In other words, how can we control the spread of
video-based fake news without unduly infringing on art, satire, or even trolling?................................ 7
Bibliography ............................................................................................................................................ 8
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1.Beyond the legal worries, what is the ethical problem with Deepfake
videos? Does this problem change if the targeted individual is a public
or private figure?
Before analyzing the ethical problem, I think that this case is very interesting and relates to recently
happened events in the world. For instance, the tragic incident that happened in Paris with the
teacher that taught about freedom of speech, and in special about satire. The technology used for
Deepfake videos could also have been used in portraying and mocking prophet Mohammed as one
done now with more traditional form of media. Although, the scope of this essay does not allow me
to fully go-in depth about this example, I still thought it would be worth mentioning.
Going on with the Deepfake videos, the first step is to determine what is happening in the ethical
aspect beyond the legal issues such as the defamation and slander laws, and why this problem is
actually an ethical problem. According to the 4-step model (Cara Biasucci, 2020), one must become
aware that there is a moral issue. According the Systemic Moral Analysis (Cara Biasucci, 2020), we
first must conceptualize the ethical problem. This includes recognizing the people that get or might
get harmed and in what manner. But first, Bernard Gert’s list of 10 moral rules (Gert, 2007) are
applied to determine whether this is problem is ethically questionable. As mentioned in the case,
Deepfake videos not necessarily obey the law, they violate some laws. Also, people are deceived,
another rule that cannot be violated according to Bernard Gert’s 10 moral rules. Deepfake videos
certainly deceive people. Also, Deepfake videos can cause pain. Although it may not be physical
harm, it mentally hurts and defames people victimized by Deepfake videos. Violations of these 3
moral rules let me to conclude that this problem is ethically questionable.
Next is determining who might get hurt and in what manner, using the first step of the Systemic
Moral Analysis (recognizing). People that might be harmed by Deepfake videos are not only
celebrities and politicians as mentioned in the text. Celebrities might be harmed by defamation and
politicians might be harmed by the spreading of disinformation. However, the case also mentions: “a
phone app is available for download that can be employed by basically anyone to make a Deepfake
video using little more than a few celebrity images.” - Or images from any person. These kinds of
apps allow everyday people to blackmail and threaten non-public figures or “average” people.
Moreover, political issues caused by Deepfake videos can affect economies and international
relationships, even whole communities are not excluded from harm. This makes the ethical problem
way bigger. Essentially, every person can be harmed by Deepfake videos either by defamation,
blackmailing, threatening, and indirect consequences of spreading of fake news through Deepfake
videos.
This brings me to the second part of question one. I think the core of the ethical issue does not
change when the targeted individual is a public or private figure. In both situations people get hurt
and mislead. However, the magnitude of the harm done may differ a lot. For instance, if a teacher is
being blackmailed by a student with a Deepfake video, the people harmed are only the teacher, and
perhaps the school. Nevertheless, if a fake video is created about Donald Trump declaring war to
China, the magnitude and people harmed by the chaos created by this video are way bigger than the
student-teacher example. The content of the video is definitely a determining factor on the
magnitude of the harm done in the ethical issue.
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2. Do your concerns about the ethics of Deepfakes videos depend
upon them being made public, and not being kept private by their
creator?
To reformulate and get a better understanding of this question, I posed myself the following
statement: It is ethical to create Deepfake videos and keep them private, but it is not ethical to
publish these videos to the public.
In my point of view, I highly disagree with this statement. To advocate for my position, I will use the
second step of the Systematic Moral Analysis which entails getting the facts and options. And the
third step of the Systematic Moral Analysis which entails evaluating the actions using several
principles. Moreover, I will take an example from my personal life on why even private kept
Deepfake videos just like public videos neither are ethical.
The fact is that Deepfake videos can be used BY anyone ON anyone. This allows artists to be
extremely creative. However, it also allows people to commit illegal acts, even though they might
commit in private.
The case talks about the usage of Deepfake technology for adult pornographic content. As a recently
turned uncle of my sister’s child, it horrifies me with the fact that this technology might also be used
on children’s faces… What happens if a pedophile uses the Deepfake technology on my newborn
nephew? Child pornography is highly illegal and extremely unacceptable by any means, even if it is
fiction and in private.
That means that if Deepfake videos could be legally used by keeping it private and not publishing it
to the public, is it still ethical? My option would be to make the usage of material which is
unconsented or copyrighted an illegal act. To determine if this is ethical, we must examine the
following principles:
Using the utilitarian ethical principle, the action that does most good and least harm considering all
people who are affected by the action in question, I can conclude the following.
Deepfake videos bring creativity in art. It even can bring the death back to life. Imaging creating a
video where Michael Jackson dances to a new pop song. It would provide eternal life to celebrities.
Deepfake videos can also create horrific content. The unconsent usage of faces of celebrities like
Emma Watson for adult pornography or creating child pornography are horrible acts, and not to
forget, that they would be illegal if physical people were used in these videos. However, these videos
are fiction and therefore may be questionably illegal…
In my opinion, this technology does more harm than good. I do not think that the act of fiction child
pornography is worth better and more creative art created through Deepfake videos. It does more
harm than good to the people involved. Moreover, I can also use the ignoring low-probability event
theory. This theory states that unethical issues can be ignored because they probability will not
happen anyway. Deepfake videos with child pornography in it might not happen a lot, although it
can still happen, and it must never happen. Therefore, regarding the utilitarian ethical principle and
the ignoring low-probability event theory it is unethical to allow this technology. Even if it is being
kept in private.
In addition, looking at the rights ethical principles, I can conclude that my concern about Deepfake
videos do not change whether it is public or private, both are against the usage and unethical.
Reversibility: would one be willing to have the action one wants to perform on others done to
oneself? Personally, I would not want to be used in a Deepfake video without my consent, especially
since I would not know what kind of video it can be and for what purpose it might be used. I do not
wish this to happen on someone else like my newborn nephew.
Universalizability: would one be willing to universalize the behavior? Using Deepfake video for
spreading disinformation, creating fiction adult and child pornography without consent of the
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people’s image used is something that in my opinion should not be universalized. It can lead to
chaos and might destroy people’s image.
Respect and free consent: are individuals treated with respect? That means treated in ways that
they have freely consented to be treated, and not exclusively to one’s end.
This principle applies best to this case. Individuals are NOT treated with respect and have not
consented to be treated this way.
With the above-mentioned principles and theories, I can support my position on this statement and
conclude that I think that Deepfake videos are not ethical whether they may be kept in private or
used on public figures.
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3. Do the ethical and legal concerns raised concerning Deepfakes
matter for more traditional forms of art that use nude and non-nude
depictions of public figures? Why or why not?
I do think that ethical and legal concerns raised around Deepfakes matter for more traditional forms
of art. I will base my argumentation on the distributive justice of step 3 of the Systematic Moral
Analysis. The third step of the SMA allows one to evaluate the alternative actions that might be
considered. Then, I will use the distributive justice to determine whether the actions count for all
traditional forms of art or specific forms.
Part of this question asks me if one decision for Deepfake should also be at cost of other traditional
forms regarding nude and non-nude depictions of public figures.
If traditional forms of art are also used to express disinformation and depict nude images without
consent, then I do think that ethical and legal concerns raised for Deepfakes also matter for these
traditional forms of art. A recent example is the traditional form of art: television and video editing.
These were used to spread fake news of Dutch politicians. Political parties edited and cut videos
taken during the government debates and edited them in a way that some politicians answered
question which were not even discussed during the actual debate. It spread misinformation, and I
think this is not acceptable because it can confuse people and it is manipulating fact which is
another terminology for lying and deceiving.
If a nude statue of the prime minister is made for satire and it is not illegal and it does not spread
any fake news. Then I do think ethical and legal issues raised around Deepfakes do not matter for
traditional forms of art.
I will use the capitalism theory to further explain my position. This theory states that it is fair to get
a greater share of the benefits if one has made a larger contribution. But then it is also fair that you
pay the highest price if you make the most costs. With this I mean, the traditional forms or any form
of art that create the costs (spreading misinformation, using images without consent, committing
illegal acts) must also pay for it.
Using these examples and the capitalism theory, I think it is ethical that the ethical and legal
concerns that matter for Deepfakes also matter for more traditional forms of art. The harm done by
the traditional forms of art and the modern ones can be the same, and therefore both should pay for
it. However, other traditional forms of art that cannot or are less likely to create these costs
(spreading misinformation, using images without consent, committing illegal acts) should not be
compared to Deepfakes, and not matter regarding ethical and legal concerns raised around
Deepfake videos.
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4. How might artists use Deepfakes as part of their art? Can you
envision ways that politicians and celebrities could be legitimately
criticized through the creation of biting but fake videos?
As mentioned earlier, there are several way artists could use the technology of Deepfakes to create
art. Making new music videos with the faces of deceased pop stars like Michael Jackson or Freddie
Mercury. Also, creating other art pieces such as movies can be done with this technology. The last
development of this technology has been so good that it becomes almost impossible to distinguish
reality from fiction.
First, it must be checked whether this issue is an ethical problem. If we, again, use Bernard Gert’s list
of 10 moral rules. I can apply the following rules that might be crossed when celebrities and
politicians use Deepfakes. Do not deceive is a rule that is not followed when using Deepfakes, this
technology is all about deceiving. It might be used in an entertaining and artistic way, but using it to
push political subject, I think it should be done by real people.
Obey the law is another rule that is not followed when using Deepfakes. Defamation and slander
laws are violated.
Since not all the rules are followed when celebrities and politicians create biting but fake videos, I
can conclude that this issue is at least ethically questionable.
Then I need to check whether is legitimate to criticize celebrities and politicians for creating such
videos.
First looking from a legal point of view, using faces of people without their consent is simply illegal.
Moreover, using videos, photos or any other object with a copyright is an illegal act. Therefore,
regarding the legal aspect of this problem, it is legitimate to criticize celebrities and politicians for
creating Deepfakes video if they use unconsented images or copyrighted material. However, if they
do not, then it is not legitimate to criticize them from a legal point of view.
Secondly, I will look at from a point of subject of moral worth. Humans and art (Deepfake videos)
are both subject of moral worth. It can be said that art should be protected from the harm of being
criticized. However, humans should also be protected from the harm they receive with this kind of
video produced. In this case, humans can be more important than the art because they are living
beings.
Viewing the issue from both these point of views, I find it legitimate and ethical to criticize
celebrities and politicians that create biting but fake videos with the Deepfakes technology since it is
illegal and it harms the humans more than it would harm the art.
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5. How would you balance the need to protect artists (and others’)
interest in expressing their views with the public’s need for truthful
information? In other words, how can we control the spread of videobased fake news without unduly infringing on art, satire, or even
trolling?
In this short essay/case review, I have talked multiple times on that Deepfake video can be illegal if
used without consent or without the copyright. Moreover, Deepfakes can violate defamation and
slander laws which make it then again illegal. Also, looking at the SMA principles and other relevant
theories raise unethical concerns regarding Deepfake technology.
However, I do think it is important to protect artists and any other entity in expressing their views
through art. Art always has been a way of expressing certain views on the world and I think this
should not be lost. But spreading misinformation is dangerous and might cause a bigger harm to
people than it would do if Deepfake videos were not allowed.
In order to control the spread of video-based fake news without unduly infringing on art, satire or
trolling, I will mention a few solutions below that I might think would help.
First, it is important for everyone to work together. As mentioned in the additional articles of this
case, adult industries have their doors open to help take down Deepfake video of victimized
celebrities (Roettgers, 2018). I think it is of big importance that business, governments,
communities, and individuals work together to fight fake news since it affects all of the different
layers in society.
The government can push new rules and regulations concerning fake news. What is illegal and what
is legal? Moreover, the government can promote critical thinking, news literacy and quality
journalism in the educational systems. This way misinformation can be spread, but most of the
people will be critical and skeptical and judge for themselves.
Businesses, such as Facebook, Twitter and YouTube should correct fake news or at least let the users
know it is fake news. They can invest in tools to better regulate and moderate their platforms and
control the spread of misinformation without unduly infringing art, satire or even trolling.
Individuals in general should be following a diversity of news sources. They should be able to have a
critical position against any news provided to them and must understand that nowadays media
cannot be compared with media from 20 years ago. Just like Deepfake videos, anyone can put
anything on these platforms without interference.
These solutions cannot guarantee a problem-less usage of Deepfake videos and similar technologies.
However, technology keeps advancing and we must be prepared and not ignore it. The solutions
above can help artists to still create art without being censured, it would help maintain the
democracy as we live in today, but at the same time it would control the spread of misinformation
through Deepfake videos.
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Bibliography
Cara Biasucci. (2020). Being your best self;part1: moral awareness. Opgehaald van
Ethicsunwrapped.com: https://ethicsunwrapped.utexas.edu/video/best-self-part-1-moralawareness
Gert, B. (2007). Common Morality: Deciding What to Do.
Roettgers, J. (2018). Variety.com. Opgehaald van Porn Producers Offer to Help Hollywood Take
Down Deepfake Videos: https://variety.com/2018/digital/news/deepfakes-porn-adultindustry-1202705749/
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