The use of deepfake, even for satirical purposes, must respect the dignity of individuals and the principles of lawfulness, fairness, and transparency established by privacy regulations. This was stated by the Data Protection Authority at the end of an investigation initiated against Rti Spa for some services of Striscia la Notizia, in which the image and voice of Enrico Mentana were manipulated using artificial intelligence systems.
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The videos
The videos attributed to the journalist statements never made, while his image was virtually placed in the television studio of the broadcaster for which he works. According to the Authority, which acted following the professional’s complaint, the realism of the images, the low perceptibility of the alteration, and the plausibility of the statements could have led the public to consider the content authentic. Even the warnings about the artificial nature of the videos were not considered sufficiently clear, evident, and understandable for all viewers and social network users.
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The confirmed violation
The Authority therefore found a violation of Article 5 of the GDPR, relating to the principles of lawfulness, fairness, and transparency, and Article 25, on data protection by design and by default.
The warning
For these violations, the Authority issued a warning measure against Rti Spa and prohibited the further use of Enrico Mentana’s data in the contested manner, without prejudice to their retention for any judicial needs.
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