La omisión del delito de deepfake en el código orgánico integral penal en Ecuador

Abstract

The crime of deepfake involves creating and disseminating manipulated audiovisual content using artificial intelligence to fake individuals' identities. This research examines the lack of classification in the Comprehensive Organic Criminal Code (COIP by its Spanish acronym). It focuses on violating the right to image, honor, dignity, and good name through the improper use of artificial intelligence, which negatively impacts the information holder. Analyzing associated risks such as misinformation, fraud, and invasion of privacy, it explores relevant cases to illustrate the legal and ethical consequences, proposing that regulations should consider better control over the use of artificial intelligence. It is concluded that to combat this crime, interdisciplinary collaboration is essential, combining advances in artificial intelligence with a legal framework from the Comprehensive Organic Penal Code of Ecuador for greater public awareness. The crime of deepfake leads to violating the rights of the information's holder by the inappropriate use of Artificial Intelligence. Implementing specific laws that penalize the misuse of deepfakes is recommended.