Emory International Law Review
Abstract
The rapid advancement of deepfake technology has fundamentally altered the trustworthiness of audio and visual media. Deepfakes, synthetic media generated through artificial intelligence, can skew political discourse, manipulate elections, and disproportionately harm women through nonconsensual deepfake pornography. As these issues intensify, the law must provide adequate protections without stifling innovation and infringing on fundamental rights. This requires a careful balancing act.
This comment compares the emerging regulatory frameworks governing deepfakes and artificial intelligence in the United States and European Union. In the United States, constitutional constraints limit federal regulation, resulting in a fragmented patchwork of laws at the state level. The European Union, in contrast, has enacted the Artificial Intelligence Act, a comprehensive, risk-based governing framework that introduced harmonized rules across all Member States.
The United States and E.U. take vastly different approaches to AI regulation due to their respective motivations, constraints, and priorities. This comment will argue that the United States prioritizes technological advancement and free speech protections while the E.U. prioritizes precaution and harmonization. Ultimately, these divergent approaches will shape domestic regulatory landscapes, and also the future of AI governance.
Recommended Citation
Sara Weitz,
Is Seeing Still Believing? Comparing Deepfake Regulations in the U.S. and E.U.,
40
Emory Int'l L. Rev.
615
(2026).
Available at:
https://scholarlycommons.law.emory.edu/eilr/vol40/iss3/5