Russia’s Federal Law No. 32-FZ (2022): Deepfake Regulation and Implications

1. Overview

Russia’s Federal Law No. 32-FZ substantially modified the Russian Criminal Code, effective March 4, 2022. The law explicitly dealt with the dissemination of false information regarding the Russian Armed Forces. Misinformation forms the core of the law, but deepfake content is also affected, especially when utilized for spreading disinformation about military operations.

2. Scope of the Law

Publicly spreading deliberately false information regarding the deployment of the Russian Armed Forces, including via tampered media such as deepfakes, is against the law. This encompasses the creation and publication of spoof media that distorts military activities. While deepfakes are not explicitly cited by the law, it does cover any media inaccurately depicting military activities, including those created by artificial intelligence.

3. Major Clauses

Article 207.3: Criminalizes public release of knowingly false information on the use of the Armed Forces of the Russian Federation.

Article 280.3: Prescribes sanctions for “discrediting” the Russian Armed Forces and its actions.

4. Sanctions & Implementation

Penal Sanctions:

• Maximum 15 years imprisonment for the release of false information regarding military activities.
• Maximum 5 years imprisonment for “discrediting” the Russian Armed Forces.

Administrative Sanctions:

• Fines for appeals against the use of the Russian Armed Forces.
• Imprisonment for repeat offenses.

5. Prominent Cases or Precedents

The legislation has been applied in various instances where individuals were prosecuted for spreading false information about military activity. No direct case of deepfakes, however, has been made public. Deepfakes in this context can be subject to legal action since the legislation is interpreted broadly to encompass any false portrayal of military action.

6. Comparison with International Standards

In contrast to other countries enacting legislation directly aimed at deepfake technology, Russia has been going down a different path regarding the regulation of deepfakes in terms of military disinformation and national security. For instance, the AI Act of the European Union has provisions for content generated by AI, and the United States has introduced legislation like the DEEPFAKES Accountability Act with respect to the creation and spread of deepfakes. The authenticity of the content and the threat it poses to national interests are accorded greater emphasis in Russian law compared to the technology employed in its creation.

7. Practical Implications

Individuals and entities in Russia ought to know that this legislation carries severe legal consequences for creating or spreading deepfakes that misrepresent military affairs. Especially when depicting military-related subjects, media outlets and creators ought to exercise vigilance and ensure their content is genuine. Individuals who believe they have been libeled by doctored media have recourse through the law.

8. Future Outlook

Additional targeted legislation for AI-generated content could be needed as deepfake technology continues to evolve. The current Russian legal system could be adapted to include consideration of new technologies and potential abuses. Additional amendments could be brought up to fix the specific challenges posed by deepfakes, as discussed and debated in the legal community.