Connolly deepfake ‘highlights gap in law’
An expert on intellectual property (IP) has warned that a ‘deepfake’ video on the presidential election highlights a gap in the current laws on protecting people from misleading fakes.
The video purports to show presidential candidate Catherine Connolly claiming to quit the race ahead of Friday’s election.
Connolly has lodged a formal complaint with the Electoral Commission about the video.
Action ‘a challenge’
Jane Bourke, an IP expert with Pinsent Masons in Dublin, said, however, that bringing any meaningful action about such videos was “a challenge” under current Irish law.
“To challenge a deepfake under current Irish law, one must rely on a patchwork of rights, such as defamation if the content damages reputation, privacy if it intrudes on their private life, passing off if it falsely implies endorsement, or copyright if the individual owns the source material, which is rare,” she said.
Bourke added, however, that none of these offered comprehensive protection for the persona itself – the voice, image, and likeness that define an individual’s identity.
Catalyst
“Establishing a personality right in Ireland would require legislative recognition of these attributes as protectable interests, akin to intellectual property, and enforceable regardless of ownership of the original media,” she said.
The lawyer described the , introduced by Fianna Fáil TD Malcolm Byrne earlier this year, as “a step in that direction”.
“Whether it gains traction remains to be seen, but the Connolly case may well be the catalyst that pushes this conversation into the public and political spotlight,” Bourke concluded.
The presidential election takes place today (24 October), with Connolly, who is being backed by Sinn Féin, Labour, Social Democrats, Green Party and People Before Profit, facing Fine Gael’s Heather Humphreys.
Jim Gavin, who was backed by Fianna Fáil, remains on the ballot paper despite having withdrawn from the race.