AI and Deepfakes in the Courtroom: A New Era

Seeing is believing... or is it? The emergence of artificial intelligence (AI) and deepfake technology is making its way into courtrooms, challenging how evidence is perceived and used in legal proceedings.

Artificial intelligence is evolving rapidly and frequently in the news for its ability to replicate texts, emails, and voices of individuals. Deepfakes, on the other hand, are digitally altered videos or photos made to appear as if someone else is depicted. A striking example was when social media buzzed with an image of Pope Francis wearing a white puffer jacket, complete with a silver crucifix. This was, in fact, a digitally fabricated image created by Midjourney.

While deepfakes may seem like mere entertainment, their implications are serious as they enter the judicial system. In family law cases, often characterized by "he said" and "she said" disputes, deepfakes add another layer of complexity. Issues may arise where voice recordings are used to claim a party made a threatening call, violated a restraining order, or confessed to actions contrary to their interests, leading to questions over the authenticity of such recordings. Videos and photographs presented in court may also face similar scrutiny.

The success or failure in disputing fake evidence may depend significantly on the use of technical experts to analyze the metadata linked with these images or recordings. As technology advances, so must the approaches to handling evidence in legal proceedings, ensuring justice and truth prevail.

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