Deepfake is fake video/audio content produced by artificial intelligence. The person's face, voice, or identity is used without permission; It constitutes a serious attack on personal rights.
Legal Framework
- TMK article 24-25: Protection of personal rights.
- TBK article 49, 56: Non-pecuniary damage.
- TCK art.134-136:Unlawful processing/dissemination of personal data.
- TCK article 105: Sexual harassment.
- TCK Article 125: Insult (depending on the nature of the content).
- Article 9 of Law No. 5651: Removal of content and blocking of access.
Common Types of Deepfakes
- Pornographic content (intim deepfake) — most common and most damaging.
- Political propaganda (fake speech).
- Fraud (financial deception via CEO voice impersonation).
- Content for blackmail purposes.
- For entertainment purposes (assault in the absence of consent, albeit humorous).
Content Removal — Quick Action
- Application for Article 9 of 5651: Due to the attack on the criminal judgeship of peace and personal rights.
- Decision within 4 hours; Application within 24 hours via BTK.
- Platform direct application (Instagram, TikTok, YouTube content complaint).
- Google "right to be forgotten" form.
Compensation Case
- Pecuniary damage — pervasiveness of the content, location of the victim, severity of the attack.
- Material compensation — job loss, treatment expenses, reputational damage.
- Platform liability in case the counterparty cannot be determined (limited).
Supreme Court 4th HD and HGK — Established Approach
4. HD and HGK accept that the "speed and permanence of spread" of an attack on personal rights in the digital environment is a factor that increases non-pecuniary damages, and that "the right to protect a person's material and moral existence" has priority in making the decision to remove content.
Penal Dimension
- Intim deepfake → TCK art.134 (privacy of private life), art.105 (sexual harassment), art.107 (blackmail).
- Deepfake containing open insult → TCK Article 125.
- Deepfake for fraudulent purposes → TCK Article 158 (qualified fraud).
- Complaint to the public prosecutor's office.
Manufacturer's Responsibility
Deepfake generating platforms (FaceApp, deepfake tools) may have limited liability for user actions in terms of Turkish law; However, knowingly allowing it (a conscious environment for abuse) increases liability for damages.
Practical Tips
Deepfake victimization spreads rapidly; IT and criminal law lawyer can take quick action.