Attorney Antonio Tejeda Encinas CEO Meta Channel Corp . President Comite Euro Americano Digital Law
Comparative Analysis: Regulation of Deepfakes and Manipulated Content at the UN and the European Union
UN Documents and Regulations: The UN has addressed the problem of deepfakes and disinformation through several documents and recommendations, most notably the 2024 AI for Good Global Summit Report and UNESCO’s Recommendation on the Ethics of Artificial Intelligence, adopted in 2021 and updated in September 2024. The UNESCO Recommendation is the first global ethical framework applicable to its 194 member states, focusing on transparency and the protection of human rights against manipulated content and deepfakes.
Additionally, the UN has published the Guidelines for the Governance of Digital Platforms, with a specific focus on content moderation and the protection of freedom of expression. These guidelines seek to establish standards on how to regulate manipulated information, prevent harm to society and ensure that digital platforms operate in a transparent and responsible manner.
In a more technical sphere, the International Telecommunication Union (ITU) has launched the document “AI Watermarking: A Watershed for Multimedia Authenticity”, which establishes standards for the use of watermarking and deepfake detection technologies. This report, presented in May 2024, proposes technical solutions to trace the provenance of AI-generated content and mitigate the risks of disinformation.
The European Union’s Approach: AI Act and Code of Practice: The European Union has opted for a more structured regulatory approach with the Artificial Intelligence Regulation (AI Act), which entered into force in August 2024. This regulation focuses on classifying AI systems according to their risk and establishes specific obligations for manipulated content and deepfakes. AI applications that generate deepfakes are classified as high-risk, obliging providers to include clear provenance labels and guarantee the transparency of the systems.
The AI Act also directly prohibits certain uses, such as deepfakes used for political or social manipulation, considering these as “unacceptable risks” that cannot be permitted within EU territory. The legislation will be complemented in April 2025 by the Code of Practice for Providers of General-Purpose AI Models (GPAI), which will provide ethical and technical guidelines for the creation of these models, although its adoption will be voluntary.
Extraterritorial Nature of the AI Act: Although the AI Act applies directly to EU member states, its extraterritorial nature has global implications. Any company outside the EU that wants to operate in the European market or process data of European citizens must comply with these regulations. This means that companies in Latin America, the US, and Asia will have to adapt to these standards if they wish to offer services in Europe. This approach creates a domino effect, influencing the way other regions and countries develop their own AI regulations.
Other International Projects: At the international level, other global governance efforts are underway, such as the development of the Cybercrime Treaty by the UN, which seeks to create a legal framework to combat cybercrime and protect societies from the malicious use of deepfakes. Although the process has been controversial and faces criticism for the lack of consensus, it represents an effort to consolidate a binding global agreement.
A Future of Integrated Standards: The UN’s approach is based on global cooperation and the creation of technical and ethical standards applicable to all its members, ranging from ethics and digital governance to the technical detection of deepfakes. The European Union, for its part, implements a more specific and mandatory regulatory framework with its AI Act, which allows it to act quickly within its territory and set global precedents.
While the EU focuses on immediate implementation and the protection of fundamental rights, the UN offers a more holistic perspective that is adaptable to different contexts. Ultimately, cooperation between both frameworks will be fundamental to establishing a global standard that protects societies from the risks of deepfakes and other malicious uses of generative AI.
