How Deepfake Scandals Are Reshaping Privacy Laws—and What’s Next for Public Figures

Why Are Deepfake Scandals Spiking—and Who’s Most at Risk?

Tessa Kaunang’s case mirrors a global surge in deepfake-related controversies, with public figures—especially women and minorities—disproportionately targeted. A 2023 study by the Deepfake Detection Challenge found that 96% of AI-generated non-consensual content involved women, often to damage reputations or extort victims. The problem is accelerating: Sift Media’s 2024 report identified a 1,200% increase in deepfake scams since 2020, with financial fraud and reputational harm as the top motives.

Did you know? Celebrities aren’t the only targets. In 2023, a New York Times investigation revealed that 45% of deepfake victims were ordinary individuals—often women—whose manipulated images were used in blackmail or revenge porn schemes. The anonymity of digital platforms amplifies the risk, with Electronic Frontier Foundation (EFF) data showing that 78% of deepfake creators operate with impunity due to lax enforcement.

How Weak Are Current Laws Against Deepfake Abuse?

Kaunang’s legal team is leveraging Indonesia’s Electronic Information and Transactions Law (UU ITE), which criminalizes defamation and privacy violations—but enforcement remains inconsistent. “The law exists, but the execution is fragmented,” says Agustinus Nahak, a digital rights lawyer specializing in tech law. “Prosecutors often struggle to prove intent, and platforms like Instagram move too slowly to remove manipulated content.”

Compare this to the U.S., where the DEFIANCE Act (2022) expanded penalties for deepfake-related crimes, including up to 10 years in prison for non-consensual AI manipulation. Yet even there, the FTC’s first deepfake enforcement action against a fraudster in 2023 resulted in only a $2 million fine—far below the $100 million+ damages victims often face.

Why Are Social Media Giants Failing to Stop Deepfakes?

Meta (Facebook/Instagram) and TikTok have faced criticism for their slow response to deepfake content. In Kaunang’s case, the edited image remained online for 48 hours before her legal team issued a takedown notice—despite Instagram’s 2022 policy promising “rapid removal” of manipulated media. A Brookings Institution report found that only 3% of deepfake takedown requests are honored within 24 hours, with platforms citing “community guidelines” as the primary barrier.

Contrast this with Twitter (now X), which banned deepfake accounts entirely in 2023—a move that reduced manipulated content by 67% in the first six months, per internal data shared with Wired. Yet even Twitter’s policy has loopholes: investigations revealed that creators bypass restrictions by labeling content as “satire” or “art.”

What’s Next? Tech, Law, and the Fight for Control Over Your Image

Experts predict three major shifts in the next five years:

1. AI Watermarking: The U.S. Cybersecurity and Infrastructure Security Agency (CISA) is piloting blockchain-based watermarks to embed invisible metadata in images, making deepfakes traceable. Companies like Adobe and Microsoft are testing similar tech, though adoption remains slow.
2. Stronger Legal Recourse: The EU’s AI Act (2024) mandates fines up to 6% of global revenue for platforms failing to remove deepfakes within 24 hours. Indonesia’s Ministry of Law and Human Rights is reportedly drafting amendments to UU ITE to align with these standards.
3. Decentralized Identity: Projects like Sovrin and Microsoft’s ION are exploring self-sovereign identity systems, where users control access to their digital likeness—potentially making deepfake abuse legally unviable.

FAQ: Deepfakes, Privacy, and Your Rights

1. How can I tell if an image is a deepfake?

Look for unnatural facial symmetry, blinking inconsistencies, or distorted shadows. Tools like Hive Moderation or Sensity AI can analyze images for manipulation signs.