Deepfakes Enter the Courtroom

Deepfakes are synthetic media, usually videos, images, or audio, created using advanced artificial intelligence (AI) techniques, especially deep learning. They can convincingly alter or fabricate a person’s appearance, voice, or actions in ways that appear real, making it difficult for viewers to distinguish between authentic and manipulated content.

Deepfakes can significantly affect court proceedings by undermining the authenticity of video or audio evidence, potentially misleading juries or falsely implicating parties. They also threaten witness credibility if manipulated content is used to distort testimony.

Legal challenges arise around admissibility, chain of custody, and evidentiary rules, which may need updating to address AI-generated media. Additionally, procedural complexities increase, as discovery may require metadata or forensic verification, and courts may face more motions and expert testimony to detect or contest deepfake evidence.

Deepfakes highlight the growing need for technological literacy in the legal system. They could delay proceedings, increase litigation costs, and place a heavier burden on courts to distinguish genuine evidence from sophisticated forgeries. At the same time, forensic tools and AI detection methods are evolving to help mitigate these risks.

• In Mendones v. Cushman & Wakefield Inc., the case highlighted the risks of deepfake evidence, as much of the purported proof consisted of manipulated videos. Although the fakery, such as poor lip-syncing and mismatched audio, was readily detectable, the case underscored how deepfakes can challenge courts in assessing the authenticity and reliability of digital evidence. (Clark, 2025)

REFERENCES

Rick Clark, CloudNine, The State of eDiscovery: Case Law and Hot Topics — Masters Conference Philadelphia Recap (Masters Conference, Philadelphia, Oct. 20, 2025).

Doug Austin, eDiscovery Today, Motion to Compel Searching of Devices Denied Due to BYOD Policies (May 20, 2025).