How Will Deepfake Regulations in APAC Impact Your Business?

Once, Deepfakes was a term unknown to many, but is now the centrepiece of serious thought, discussion, and legislation globally. Deepfakes – AI-generated content that manipulates images, videos, or audio to create hyper-realistic but false versions of that media have seen an immense rise in the past few years. 

According to a recent report by the NGO Partnership on AI, search interest in deepfake pornography grew by 180% in five years, with 95% of deepfake content generated being of pornographic nature. Furthermore, year-on-year growth in deepfake scam attempts is estimated to be 700%. These numbers are not merely statistics but a demand for more immediate attention towards legislating this misinformation and deepfake content. 

Election interference, misinformation, non-consensual explicit content and propaganda are among the many harms which prompted legislators and stakeholders to push for legislation worldwide. Laws such as the United State’s Take It Down Act, the EU AI ACT or the UK’s Online Safety Act are a few examples of legislative efforts to this extent. Following the lead of many other nations, deepfake regulations in Asia-Pacific (APAC) nations have also started to emerge, presenting a direct methodology for combating the threat of deepfake content. 

South Korea:

Misuse of deepfakes during election time has been recognized and addressed by South Korea via Amendments to the Public Official Election Act (2023). These amendments ban the use of deepfakes and manipulated media within 90 days of an election. Significant penalties for violations have been added, such as up to seven years in prison and fines of 50 million won. Additionally, the National Election Commission has made it mandatory for political campaigns to disclose any use of AI-generated content. 

Moreover, “individuals who edit or process images, videos, or audio targeting a person’s face, body, or voice to cause sexual desire or shame without their consent” can face severe repercussions under the Act on Special Cases Concerning the Punishment of Sexual Crimes (2020). As this act covers the publication of edited, altered, doctored, or processed content, it can have applicability to deepfake content as well. Following amendments by the South Korean government in 2024, violations of this act may result in a maximum sentence of 7 years, notwithstanding the intent to distribute. The amendments also prohibited the purchase, storage, or viewing of such content, violation of which can result in a maximum penalty of 3 years imprisonment or a fine of up to 30 million KRW.

Singapore: 

Singapore’s fight against the deepfake threats currently encompasses laws to curb election interference and manipulation. The Elections (Integrity of Online Advertising) (Amendment) Bill prohibits publishing of any digitally generated or altered content during elections that realistically depicts a candidate engaged in an act that did not happen in reality. In case of violations, individuals who publish, share or repost such content can face imprisonment of up to 12 months and a fine of up to S$1000. Moreover, social media platforms which fail to comply with corrective directions provided by the act can face a fine of up to S$1 million. 

Additionally, Singapore’s Protection from Online Falsehoods and Manipulation Act (POFMA) empowers the government to take corrective action against online falsehoods, including those involving deepfakes. Under the POFMA Act, spreading a falsehood knowingly that has the potential to harm public interest can lead to up to five years imprisonment , a fine up to S$50,000 or both. Furthermore, using bots or services to disseminate falsehoods will lead to a maximum of 10 years imprisonment and a fine of up to S$100,000. POFMA Act also establishes penalties for organizations with a maximum fine of upt o S$1 million.

China & Japan: 

China’s law called the Provisions on Deep Synthesis Services (2023) illustrates how technologically advanced and proactive nations handle the deepfake misinformation threat. The law requires real-name verification for deepfake creators and immediate takedowns of unauthorized content. As per article 22 of the act, violations may result in penalties such as; warnings, suspension of services or fines, entirely depending on the severity of the violation. 

Japan’s approach as of now has been more cautious with the main focus on AI Ethics Guidelines rather than hard laws. This approach reflects the country’s desire to promote AI development while also mitigating harm.

Australia: 

Unlike Japan, the Australian government has passed a hard law, namely the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024, which has introduced new criminal offences to ban the distribution of non-consensual deepfake sexually explicit material. The penalties imposed by this legislation are severe in nature, including up to six years in prison for sharing such material and up to seven years for creating and sharing it.

Why APAC Must Act Now Against Deepfake Technology:

As per a 2023 report by CNA (Channel News Asia), deepfake videos in Singapore experienced a year on year growth of 500%. Additionally, according to a report by the Singapore Police Force, scam and cybercrime cases reported an average annual growth of 50%. These numbers, if not anything, represent the true scale of the threat posed by the deepfake technology. The APAC region is home to numerous countries and a key financial hub of the majority population of the world. At the current rate, deepfakes do not only threaten to ruin reputations or public perception but may also represent a major dent in the financial sector. When companies lose their credibility, institutions are perceived as lax enforcers and public opinion becomes vulnerable to deepfake technology, the question is no longer if disruption will occur – but when.

Unless governments and stakeholders enforce strict regulations that not only curb the spread of deepfake media but also mandate platforms and institutions to adopt robust deepfake detection technology, the collapse of financial markets and mass manipulation could soon become a grim reality.

How FACIA’s Deepfake Detection Technology Can Strengthen Compliance in APAC:

The regulatory frameworks in the APAC region regarding deepfakes are constantly evolving but businesses and institutions need actionable tools to comply with these laws and mitigate risks. This is where FACIA steps in as a cutting-edge, accurate and legally compliant, AI-powered detection platform designed to identify AI-generated media in real time. By integrating FACIA’s technology, organizations can:

1. Automatically flag deepfake media to meet disclosure regulations such as the one in South Korea’s election laws.
2. Prevent financial fraud and reputational damage by detecting deepfake scams before they spread. 
3. Align and comply with regional regulations like China’s “Deep Synthesis Services” rules or Singapore’s POFMA Act by enabling prompt takedowns of malicious content.

For businesses with operations in the APAC region, adopting FACIA is not just about compliance but a strategic shield against the rising wave of AI-driven threats.