Non-Consensual Intimate Deepfakes: Challenges for the Chilean Legal System and the Role of Civil Liability in the Face of AI

Abstract

This article examines the phenomenon of non-consensual intimate deepfakes in Chile, with a particular emphasis on civil liability. It reviews comparative experiences in the European Union, United States, China, and Australia in order to identify regulatory trends of international relevance. References to constitutional, criminal and special legislation are included to contextualize the general legal framework. Finally, the article assesses whether the existing civil law legislation is sufficient to remedy the harms arising from deepfakes in general, and from non-consensual intimate deepfakes in particular. The article concludes that there is no normative gap, since general and international principles remain applicable, while also putting forward de lege ferenda proposals to strengthen the system of civil liability.