Criminalising Deep Fake Pornography

A Gender-Specific Analysis of Image-Based Sexual Abuse

Abstract

Pornographic deep fakes account for the majority of deep fakes online. They overwhelmingly target women. Deep fake technology is getting easier to use and widely accessible. It is now possible for everyone to create non-consensual pornographic deep fakes of regular people. In this sense, they are exacerbating the broader problem of image-based sexual abuse. This paper inspects the applicable personality rights under Swiss Civil Law and makes the case for criminalising pornographic deep fakes under a broader context of image-based sexual abuse.