Deputy Ekaterina Smyshlyaeva, who presented a draft law on artificial intelligence (AI) in the Mazhilis, was asked whether criminal liability could be introduced for creating deepfake videos in our country, reports Tengrinews.kz correspondent.
According to Smyshlyaeva, a thorough analysis of law enforcement indicates that the article concerning deepfakes does not always function effectively, which is why the developers of the AI draft law are still discussing this provision, although "there is such a proposal."
"It is not always possible to distinguish (the original from the deepfake - ed.), and it is not always possible to prove it. There are these nuances. (...) In theory, it is possible to find the perpetrators, but not always, so we need to look at this carefully. However, there is a proposal of this kind, and I believe that we are, in general, ready for this article," - Ekaterina Smyshlyaeva told journalists.
She promised that the official position of the draft law developers would be announced "in about a month." Work on the document is ongoing.
"Any punishments for deepfakes, like any other articles of the Criminal and Administrative Codes, must be clearly and understandably justified in terms of the proportionality of the violation. This is very important. It is a matter of fairness. To mention some dreadful terms and figures now, knowing that this will be accepted as a given tomorrow, is probably not entirely correct," - added Ekaterina Smyshlyaeva.
The deputy emphasized that even today, articles from the Administrative and Criminal Codes can be applied to deepfakes. However, they are related to secondary offenses. That is, the deepfake itself is not a crime, but its content, if it insults a person's honor and dignity, manipulates public opinion, or leads to fraudulent actions causing material harm, may be deemed illegal, and liability could apply.
"In this case, the use of information technologies serves as an aggravating circumstance. We already have such an article. But regarding the elaboration of the composition - let’s check back in a month (we will see - ed.)", - the parliamentarian added.
Recall that a draft law on artificial intelligence (AI) was presented in Kazakhstan. As noted by Mazhilis deputy Ekaterina Smyshlyaeva, the document aims to create a transparent legal framework for the implementation of technologies in Kazakhstan's economy. It is worth noting that the draft law has not yet been accepted for consideration, having only been presented at a meeting of the relevant committee. After that, a conclusion must still be prepared, and it will be reviewed in two readings at plenary sessions.
Previously, Mazhilis member Nikita Shatalov raised the question: who will be responsible for the potential leakage of Kazakh citizens' data with the adoption of the AI law? More details are here.
