The Dilemma and Path Optimization of Criminal Law Regulation for Generative Artificial Intelligence Deep Forgery

Authors

  • Jinghan Shi School of Politics and Public Administration, China University of Political Science and Law, Beijing, 102249, China

DOI:

https://doi.org/10.54097/aj00nk89

Keywords:

Generative AI, deep forgery, criminal law regulation, application of charges, referee criteria.

Abstract

The rapid development and inclusion of generative Artificial Intelligence (AI) technology have greatly reduced the threshold of deep forgery production. Its abuse has posed multidimensional and deep-seated harm to civil rights, social order and even national security. The intervention of criminal law has become inevitable and urgent. In judicial practice, the application of charges is diversified and inconsistent. Due to the lack of distinction between the essence of deep forgery, the application of law is fragmented, which leads to differences in the standards of conviction and sentencing, and different judgments in the same case. At the same time, the existing provisions of criminal law have significant limitations, which are reflected in the obvious application obstacles and legislative lag when dealing with the problem of deep forgery of generative AI. In view of the above problems, the article proposes to optimize the path of criminal law regulation from the two aspects of legislation and justice, expand the interpretation of charges in legislation, unify the judgment standards in justice, and improve the regulation efficiency. Through the above means, people can enhance the credibility and effectiveness of criminal law regulation and build a deep counterfeiting criminal law response system in the era of generative AI.

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References

[1] Hasan H. R., Salah K., et al. Combating Deepfake Videos Using Blockchain and Smart Contracts. IEEE Access, 2019, 7: 41596-41606.

[2] Lanham M. Generating a New Reality. Springer, 2021.

[3] Chen R. Criminal law regulation of deep forgery of sexual information. Law, 2024, (03): 76-90.

[4] Ganyu District People's Court Lianyungang City Jiangsu Province. Su 0707 xingchu No. 180: Qin Xiaolong, Zhou Shiji, hanshuishuai criminal judgment of first instance on the crime of infringing on citizens' personal information. 2021-04-29.

[5] National Internet Information Office, Ministry of Public Security, Ministry of Civil Affairs. The fourth typical case of the protection of the rights and interests of the elderly in China in 2024: beware of using AI face changing and voice changing technology to cheat the elderly. 2025-04-29. http://www.cac.gov.cn/2025-04/29/c_168861694.

[6] Bień-Węgłowska I., Tuora-Schwierskott E., et al. Deepfake and Selected Crimes in Polish and German Criminal Law. Teka Komisji Prawniczej PAN Oddział w Lublinie, 2025, 18(2): 35-49.

[7] Yavuz C. Criminalisation of the dissemination of non-consensual sexual deepfakes in the European Union: A comparative legal analysis. Revue Internationale de Droit Pénal, 2024, 95(2): 419-457.

[8] McGlynn C., Toparlak R. T., et al. The 'new voyeurism': criminalizing the creation of 'deepfake porn'. Journal of Law and Society, 2025, 52(2): 204-228.

[9] Yavuz C. Criminalisation of the dissemination of non-consensual sexual deepfakes in the European Union: A comparative legal analysis. Revue Internationale de Droit Pénal, 2024, 95(2): 419-457.

[10] Cheng E. K. Deepfakes, Photographs, and Trust in Evidence. Virginia Law Review Online, 2025.

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Published

29-07-2026

Issue

Section

Articles

How to Cite

Shi, J. (2026). The Dilemma and Path Optimization of Criminal Law Regulation for Generative Artificial Intelligence Deep Forgery. Academic Journal of Management and Social Sciences, 16(2), 86-90. https://doi.org/10.54097/aj00nk89