Published: April 20, 2025

A ruling by the Beijing Internet Court in Jun, 2024 has set a significant precedent in the realm of digital rights, particularly concerning the use of deepfake technology. The court determined that a “face-swapping” app infringed upon individuals’ personal information rights, rather than their portrait rights, highlighting the nuanced legal challenges posed by emerging technologies.

Case Overview

Two models, Liao and Wu, known for their short videos showcasing traditional Chinese aesthetics, filed a lawsuit against the operator of a face-swapping application. They alleged that the app used their publicly available videos without consent to create face-swapping templates, which were then offered to other users for a fee.

The plaintiffs contended that this unauthorized use violated their portrait rights. However, the court found that since the final templates did not directly display the plaintiffs’ recognizable faces, there was no infringement of portrait rights. Instead, the court ruled that the unauthorized collection and use of their facial data constituted a violation of their personal information rights.

Legal Implications

This case underscores the evolving legal landscape surrounding deepfake technology. While traditional portrait rights focus on the recognizable depiction of an individual’s likeness, the court emphasized that the unauthorized collection and manipulation of personal data—such as facial features—can constitute a separate infringement.

The court ordered the defendant to issue a public apology and provide compensation for both mental distress and economic losses. This decision reinforces the importance of obtaining explicit consent before using individuals’ personal data, even if the end product does not directly showcase their identifiable image.

Broader Context

Deepfake technology, which utilizes artificial intelligence to create realistic but fabricated images and videos, has been increasingly used in various sectors. While it offers creative possibilities, it also raises concerns about privacy, consent, and potential misuse.

The Beijing court’s ruling serves as a reminder of the ethical and legal responsibilities that come with technological advancements. As deepfake applications become more prevalent, there is a growing need for clear regulations and guidelines to protect individuals’ rights and maintain public trust.

Stay Informed

For more insights into the intersection of technology and law, and to explore tools that prioritize ethical use of AI, visit Magicam’s blog.

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