'Deepfake and Realdoll'... Double Standards Amid Similar Concerns

Strengthened Punishment Laws for Deepfake Production and Distribution to Take Effect from June
Sexual Crime Risks of Objectifying Specific Individuals Are the Same
Real Dolls Have Ambiguous Punishment Regulations... Ministry of Gender Equality and Family Discussing Laws for Half a Year

[Asia Economy Reporters Seongpil Cho, Seungyoon Song] A law that significantly strengthens the punishment for the production and distribution of 'deepfake' videos?edited and synthesized images of specific individuals' faces and bodies?will take effect starting this June. Society's response to deepfakes is often compared to the case of adult dolls called 'realdolls.' Although there are fundamental differences, both deepfakes and realdolls carry the risk of sexual crimes by sexualizing specific individuals. Nevertheless, a double standard is applied in their punishments, prompting calls for legislative improvements.

◆ Strengthening deepfake punishments following the Nth Room case = The term deepfake is a portmanteau of deep learning, where computers autonomously combine and analyze external data, and fake, meaning false. It refers to artificial intelligence (AI) technology that synthesizes images, videos, voices, and more of people. It is misused to create fake videos by swapping faces into adult content, among other methods. The synthesis is so sophisticated that it is virtually impossible for the average person to discern the fakes.

Crimes using this technology and related victim cases have surged in South Korea as well. The so-called 'Telegram Nth Room case,' which the police recently launched a large-scale investigation into, is one such victim case derived from deepfakes. The government’s decision on the 17th at the Cabinet meeting to approve a partial amendment to the 'Special Act on the Punishment of Sexual Violence Crimes' aims to prevent such harms. The revised Sexual Violence Punishment Act stipulates that those who produce, distribute, or screen deepfake videos face 'up to 5 years imprisonment or a fine up to 50 million won,' and if distributed for profit via information and communication networks, the punishment is increased to 'up to 7 years imprisonment.' The amended law will be enforced from June 25.

This amendment is significant in that it explicitly includes deepfake crimes as sexual offenses and establishes clear punishment regulations. Previously, only defamation or distribution of obscene materials charges could be applied, but even these had stringent requirements for establishing a crime.

◆ Real dolls lack regulations despite similar essence = The strengthening of deepfake punishments is likely to trigger social discussions on how to handle the issue of realdolls going forward. Realdolls are adult products modeled after human bodies. Many argue they can be misused as tools for sexual crimes just as much as deepfakes. Without one’s knowledge, a doll resembling one’s face and body could be placed on someone’s bed. Since the Supreme Court’s ruling in June last year allowing the import of realdolls based on 'protection of individual freedom,' such concerns have grown.

However, there are no clear punishment regulations regarding realdolls. Punishment is only possible if the victim discovers that a doll was custom-made with their face without permission or consent and files a complaint. Even then, under current law, it falls under defamation, with a maximum sentence of only 5 years imprisonment. Lee Mikyung, director of the Korea Sexual Violence Counseling Center, said, "The very fact that a doll resembling one’s face can be made is an extremely violent situation," adding, "We need to seriously consider what impact a society that tolerates such one-sided expressions of desire will have on our daily lives."

The government also recognized these risks and began preparing countermeasures for realdolls in August last year. At that time, the Ministry of Gender Equality and Family stated, "If it is difficult to respond under the current legal system, we will consider legislation." However, it is known that related legislative preparations have been sluggish for over half a year. Legal experts also argue that legal improvements are necessary to respond to newly emerging sexual crimes. A lawyer from Seocho-dong, who requested anonymity, said, "In the absence of clear regulations, court rulings may vary case by case, which could exacerbate social confusion."