Lawyer advocates for legal rights for deepfake victims
In a bid to combat the growing issue of deepfakes, Malaysia is exploring various strategies to strengthen protection and remedies for victims. One of the key proposals is to amend the Personal Data Protection Act (PDPA) to allow data subjects to initiate private legal actions, including injunctions, damages, and content takedowns.
Currently, under the PDPA, victims cannot directly seek civil remedies, which hinders effective enforcement and timely relief. Legal experts propose empowering victims with the right to pursue private action against platform providers or content creators to remove harmful deepfake content and claim damages. While existing laws like Section 233 of the Communications and Multimedia Act 1998 and Penal Code provisions cover some misuse, they are broad and not tailored specifically to deepfakes, which complicates prosecutions and civil claims.
In addition to amending the PDPA, the government is considering introducing deepfake-specific provisions into cybercrime laws to criminalize malicious use of synthetic media. This move would provide clearer and more targeted legal recourse.
Furthermore, the government is considering the Online Safety Act (ONSA) to mandate labeling of AI-generated or AI-modified content (e.g., “AI-Generated” or “AI-Enhanced”) to help users identify synthetic media. This measure can also enhance accountability on social media platforms and reduce the spread of malicious deepfakes.
In summary, key amendments to improve victim protection against deepfake misuse in Malaysia include:
- Allowing private legal actions by data subjects for injunctions, damages, and takedowns under the PDPA.
- Introducing specific offences criminalizing malicious creation/use of deepfakes into cybercrime laws (e.g., CMA 1998).
- Mandating labeling of AI-generated/modified content under the ONSA.
- Strengthening obligations on social media platforms to prevent the unchecked spread of deepfake content.
These steps, combined with increased awareness and AI literacy efforts, will help Malaysia better address both the legal and societal challenges posed by deepfake technology.
Last week, the Malaysian Communications and Multimedia Commission (MCMC) submitted 121 requests to Meta to remove high-profile impersonation cases, including those involving the Yang di-Pertuan Agong, the Pahang sultan, the prime minister, and MPs. As the issue of deepfakes continues to evolve, it is crucial for Malaysia to stay vigilant and proactive in its approach to protect its citizens from this growing threat.
[1] Foong Cheng Leong, deputy chair of the Bar Council's intellectual property committee. [2] Murugason R Thangaratnam, a legal expert advocating for deepfake-specific provisions. [3] The Danish government is working on legislation to grant individuals legal rights over their body, facial features, and voice to combat the creation and dissemination of deepfakes. The Malaysian government is studying the approach adopted in Taiwan, where platforms are required to verify both the advertiser and the party responsible for publishing advertisements.
- The prime minister, along with other high-profile individuals such as the Yang di-Pertuan Agong, Pahang sultan, and MPs, have been impersonated in deepfake cases requiring removal by the Malaysian Communications and Multimedia Commission (MCMC).
- Malaysia, in an effort to combat deepfakes, is examining the approach adopted by the Danish government, which is working on legislation to grant individuals legal rights over their body, facial features, and voice.
- The government is studying the provisions in Taiwan's laws, where platforms are required to verify both the advertiser and the party responsible for publishing advertisements, as a means to address deepfake issues.
