In the digital era, where almost every device is powered by algorithms, Deepfake technology is increasingly blurring the line between truth and falsehood. The manipulation of images and voices using artificial intelligence (AI) can no longer be considered merely a technical matter—it poses profound challenges to transparency in politics, finance, media, and national security. Without timely regulatory measures, Deepfake may become a dangerous tool, threatening individual safety, misguiding public perception, and distorting truth in the digital world.
1. Definition of Deepfake
Deepfake is a technology that applies artificial intelligence (AI) and deep learning to create synthetic images, videos, or voices that mimic real individuals in a surprisingly convincing manner. By analyzing and learning from real samples, AI systems can recreate facial expressions in video clips, mimic a person’s voice, or even simulate entire scenarios that are entirely fabricated.
Initially, Deepfake was explored for use in entertainment, film, and digital content creation. However, as the technology evolved, it has increasingly been exploited for malicious purposes—used in fraud, defamation, political propaganda, misinformation, and even criminal activities—thus posing serious risks to public security, trust in institutions, and the integrity of personal identity.
2. How to Identify Deepfake Content
Although Deepfake technology continues to advance, there are still several notable indicators that can help detect manipulated content:
- Unnatural facial expressions and inconsistent facial movements: Some Deepfake videos may display mismatched emotions, such as incongruent blinking patterns, stiff facial features, or uncoordinated mouth movements.
- Unnatural eye blinking: Many Deepfake videos lack normal blinking behavior or exhibit excessive, unnatural blinking, which can signal manipulation.
- Audio mismatches or distorted voice quality: Since AI often struggles to perfectly replicate human speech, Deepfake audio may sound monotone, robotic, or disconnected from the speaker’s actual mouth movements.
- Inconsistencies in lighting or background details: Mismatched lighting on a face versus the background, blurry contours, or irregularities in objects like glasses, earrings, or hair can be telltale signs of tampering.
- Uneven lighting and resolution: Some Deepfake videos show discrepancies in color tones, especially when light is cast on the face, which often reveals unnatural shadows in certain facial regions.
- Mismatch between facial expressions and head movements: Although the facial frame may appear static, the movement of facial muscles or the coordination between facial expressions and head gestures may be inconsistent, creating a robotic or unnatural feeling in motion.
3. How does Vietnamese law deal with Deepfake?
At present, Vietnam has not yet enacted specific legislation exclusively addressing the creation or use of Deepfake technology. However, relevant provisions in existing legal documents can still be applied to control and handle behaviors that violate the law in connection with this issue. For example, according to the Consolidated Document No. 01/VBHN-VPQH, which consolidates the Penal Code and guiding regulations, Deepfake-related violations may be addressed under the following provisions:
➤ Article 156 – Crime of Defamation:
If false content is posted with the intention of slandering, defaming the honor, dignity, or reputation of an individual, agency, or organization.
➤ Article 288 – Crime of Illegally Providing or Using Information on Computer or Telecommunications Networks:
Applies to acts of spreading false information, misrepresentation, insults, threats, or defamation that affect the legitimate interests of individuals or society.
➤ Article 326 – Crime of Disseminating Pornographic Materials:
Applies when Deepfake is used to generate pornographic content impersonating real individuals, especially public figures or celebrities.
➤ Article 150 – Crime of Humiliating Others:
Applies when Deepfake is used to humiliate an individual through forged video content, causing offense or emotional harm.
➤ Article 8 of the Law on Cybersecurity 2018:
Prohibits the distribution of false information or content that causes confusion in cyberspace or insults the reputation and honor of organizations or individuals.
➤ Article 16 of the Law on Children 2016:
Applies to Deepfake content involving children or minors in pornographic or inappropriate scenarios in cyberspace, which may constitute a serious violation of the law.
➤ Article 12 of the Law on Information Technology 2006:
If Deepfake is used to create and disseminate malicious software or information that affects the interests of the State, organizations, or individuals, or serves malicious purposes such as fraud, defamation, slander, or political distortion, it will be subject to legal sanctions.
➤ Press Law 2016 & Law on Electronic Transactions 2005:
If Deepfake is used in content that impersonates or misrepresents journalists, or is falsely labeled as journalistic work, it constitutes a violation of press activities and information and communications regulations.
The current legal framework imposes relatively severe penalties on acts involving Deepfake-related violations, particularly when it comes to protecting individuals and organizations from false representations in cyberspace. However, due to the rapid development of technology, especially artificial intelligence, updating and refining the legal framework has become an urgent necessity.
4. Some Points to Note
- Although Deepfake may not reflect actual events, it often associates with realistic imagery, leading to confusion and reputational harm. As a result, it can still be treated as a legal violation.
- Even when serious consequences have not yet occurred, if Deepfake content shows signs of defamation, insult, or impersonation of an individual or organization, it may still be subject to administrative or criminal liability depending on the level of harm.
- Deepfake also presents potential for positive applications in the arts, entertainment, education, and research — such as recreating historical images, restoring lost voices or footage, and supporting teaching, simulation, and cinematic storytelling. Nevertheless, exploiting this technology also requires ethical caution and responsibility. If used recklessly or for malicious purposes, it may distort reality and negatively impact societal values.
Deepfake technology poses significant legal challenges, especially in the context of protecting privacy, reputation, honor, and national security. Before the risks escalate, improving legal safeguards and raising public awareness are crucial. A legal system that evolves alongside technological advancements — ensuring both transparency and the lawful protection of individuals in the digital age — is more essential than ever.
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1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
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