(DRAFT) Ban on Realistic Deep Fake Imagery and Video

[Of Altonianic Islands]

Hey all! This is something I've been trying to do for the past long while. Attempted it several times, never drafted it here (much to my chagrin), and got very close to quorum, but was unfortunately deemed illegal. Long story short, I need your help reworking this to make it something that'll pass. I think the core concept is very important, and would love to hear all of your opinions.

The World Assembly,

RECOGNIZING that global technological advancement increases exponentially,

TERRIFIED that technology already exists allowing anyone to forge imagery or video, indistinguishable from fact, of world leaders.

BELIEVING that something must be done about this technology before it is too late,

Hereby,

DEFINES realistic fake imagery as any imagery or video that cannot be distinguished from the truth,

DEFINES malicious use of realistic fake imagery as any imagery or video that A) cannot be distinguished from the truth and B) is designed in such a to cause harm to the victim’s reputation,

BANS all use of realistic fake imagery, except in the circumstances below;
The person has given express permission to have their image used
Using realistic fake imagery to impersonate non-living things or animals

ALLOWS WA nations to decide the punishment for this crime, provided it is at least 50,000 in your nation’s currency in fines and up to 25 years in prison,

MANDATES that all uses of realistic fake imagery with malicious intent be given higher sentences and less lenience than non-malicious uses.

The World Assembly hereby passes this law.

[Groot]

Ambassador Benjamin Bell of the CDSP enters the debate hall. "I am Groot," he says in his unmistakable voice, expressing his displeasure with the concept of this proposal.

[Outer Sparta]

I really don't see how this is feasible. Also this clause

ALLOWS WA nations to decide the punishment for this crime, provided it is at least 50,000 in your nation’s currency in fines and up to 25 years in prison,

doesn't make sense, like why even specify the amount of currency?

[Of Altonianic Islands]

I really don't see how this is feasible. Also this clause

ALLOWS WA nations to decide the punishment for this crime, provided it is at least 50,000 in your nation’s currency in fines and up to 25 years in prison,

doesn't make sense, like why even specify the amount of currency?

I can change that or get rid of it entirely, what do you think would make the most sense?

[Herby]

Ambassador Benjamin Bell of the CDSP enters the debate hall. "I am Groot," he says in his unmistakable voice, expressing his displeasure with the concept of this proposal.

Yeah I agree with fake Benny. You’re outlawing a whole lot of parody which should be protected speech. Fix that and maybe we’ll talk.

[Wallenburg]

OOC: Category and strength? I must also ask what exactly this is meant to ban? Photographic editing has existed just as long as photography itself, and quite frankly there is no language here that would even exempt paintings, sculptures, or costumes from its prohibitions.

[Kingdom of the Indus]

ALLOWS WA nations to decide the punishment for this crime, provided it is at least 50,000 in your nation’s currency in fines and up to 25 years in prison,

Seems like a bit too much, don't you think?

[Disembodied Voice]

A mysterious voice seemingly coming out of thin air says behind the author's left ear, "Why do you want to ban movies meant for entertainment? Actual real people who are national leaders rarely have time to partake movie-making, being busy with their duties, yet it adds realism to a fictional movie to use a lookalike person and then use computer imagery to add or alter their features to look more like the leader in question. Actually, this would also ban the use of smallscale models and prosthesis to make fictional locations and characters look real. As well as any use of actual locations where anything, even furniture was changed."

[Barfleur]

"Putting aside the questions of feasibility and desirability of this proposal, let's look at the penal provisions. Having the World Assembly mandate a potential 25-year sentence for a non-violent, non-terrorist, non-treason offense would be a regrettable step back from some of the better principles of criminal justice. For one, it is important that the punishment be based on the gravity of the offense and its effects on the victim(s) and on society as a whole. In Barfleur, for instance, manslaughter in the first degree, which necessarily involves the taking of a sapient life, is punishable by a maximum of 15 years in prison,* which I have heard is not uncommon among developed nations. The use of realistic deep-fake technology, even for highly malicious purposes, being punished significantly more harshly than a killing, would turn justice on its head. In addition, I fear that setting such a high maximum sentence for a not-too-well-defined crime would allow member nations to crack down on protests and other legitimate political theater with the full backing of the international community. For this Assembly to give its support to such a draconian and unwarranted suppression of opposition would be most regrettable.

"I therefore respectfully oppose this proposal."

* For a first offense.

[Sevae]

Definitely opposed to the current version, deepfakes can have legitimate uses. I'd suggest you rework this to ban the harmful impersonation aspect of deepfakes though I'm a bit rusty and don't remember if impersonation has been addressed, and I think that topic could use a separate draft and thread anyway.

Oops, it seems I have logged in with my non-WA nation, sorry. Wanted to add that the part about malicious fake imagery is quite good, it might be worthwhile to keep that definition and focus on it, scrap the other one and of course cut back on the sentences because it's not really customary to include any specific numbers because of life expectancy, years lasting different amounts of time in different galaxies, and of course currencies being valued very differently