On The Protection Of Natural Person’s Spiritual Personality Rights In DeepFakes

DeepFakes is a kind of content generation technology which is based on deep learning to forge image,audio and video.In the development of DeepFakes,it is easy to pay attention to the risks brought by digital media communication in the information age.However,the application value of DeepFakes cannot be ignored.The adjustment scope of laws that may fall into the process of using the analysis technology will help to clarify the legal scope of DeepFakes and help to obtain the establishment.The author analyzes the related problems of the protection of the spiritual personality rights of natural persons in the DeepFakes from the perspective of technology,in order to provide the protection ideas for the natural person spirit personality rights in the face of the legislation and judicial practice of the DeepFakes legal regulation,and reasonably regulate the DeepFakes.Based on the classification of personality rights dichotomy by Professor Zhang,this paper studies the protection of spiritual personality rights of natural persons in DeepFakes.Based on the sorting of the technical logic of DeepFakes,it is determined that the spiritual person of natural persons may be involved in the process of DeepFakes from three stages:input,calculation and output of computer technology The analysis of the interests of the case mainly determines that the first two stages of DeepFakes involve the processing of the biometric information of natural persons.The contents generated in the output stage may involve the interests of natural human beings,such as portrait,voice,privacy,reputation,etc.The paper discusses the regulation of DeepFakes under the current law,discusses that after the implementation of civil code,the biometric information of natural persons processed by DeepFakes has the cross application of personal information protection and privacy protection because it is determined as private information in judicial practice;under the personal information protection clause of civil code,there may be a process of DeepFakes The different interpretation of biometric information,portrait,sound and other contents processed in the process of processing;within the scope of the regulation of portrait right,whether the obligee authorizes the user to process the biometric information during the process of making and using the DeepFakes;under the reasonable use of the portrait,the portrait of natural persons is generated without authorization by using the DeepFakes The voice may infringe on the protection of personal information and privacy rights of the parties without authorization of natural persons to biometric information;in the case of the new civil code,the use of the portrait for profit and the malicious use of DeepFakes are also urgently needed to be modified in the law of women’s rights and interests protection.Because DeepFakes and its similar artificial intelligence technology will inevitably enter the scope of spiritual personality interests of natural people.As the main body in civil activities,the personal interests as the inherent interests of human beings,the paper combs and discusses the protection of spiritual human rights involved in DeepFakes,which is conducive to the protection of human rights under new technology At the same time,it can also indicate the direction for the progress of technology.At the same time,this paper also discusses the reasonable regulation of DeepFakes from three aspects:technology developer,technology user and audience platform.The responsibility of intermediate data encryption for technology developers is clarified;the responsibility for reasonable use,authorization and falsification of content statements of different types of technical users;and the responsibility for cultivating information literacy of audience platform.