The Protection of Personal Identity Rights against DeepfakeTechnology

Abstract

This article aims to analyze the problems and legal gaps in Thai law regarding the protection of the right to personal identity from deepfake technology which is synthetic media created or modified using artificial intelligence to such a realistic degree that it is difficult to distinguish from the genuine subject. Such technology facilitates to identity theft, fraud, defamation, fake news, and non-consensual pornography. This article employs a documentary research methodology, drawing upon legal texts, court judgments, and academic literature from
both domestic and international sources. The study found that existing Thai laws do not effectively protecting the right to identity from deepfakes. Firstly, Thailand currently lacks specific legislation addressing deepfakes or artificial intelligence; consequently, protection relies on the fragmented application of various existing laws and ad hoc legal interpretation. Secondly, Thai law contains a significant structural gap: the failure to specifically recognize the “Personal Identity Rights”. Compared to the European Union, which has enacted the EU Artificial Intelligence Act, a comprehensive legal framework regulating artificial intelligence by establishing risk classification framework, regulatory authorities and clear penalties and which could serve as a model for Thailand. Therefore, this article proposes that Thailand enact specific
legislation defining the term "deepfake", establishing a regulatory body, risk classification, and clear civil and criminal penalties.