Judgment

Judgment

An Analysis of the Nature of Deep Fake and the Necessity of Its Differential Criminalization and Sentencing Compared to Ordinary Computer Forgery in the Iranian Criminal System (In Light of the Study of the American and Chinese Criminal Law Approach)

Document Type : Scientific

Authors
Seyyed Alireza Mirkamali 1
hamidreza heydarpour 2
Zhila Mehrara 3
1 Assistant Professor, Faculty of Law, Shahid Beheshti University
2 Postdoctoral researcher in criminal law and criminology, Shahid Beheshti University / Lecturer of Shahreza Islamic Azad University
3 PhD student in Criminal Law and Criminology, University of Meybod
10.22034/judg.2026.2066883.1540
Abstract
The purpose of this article is to analyze the nature of Deep Fake on the one hand and to explain the necessity of differential and aggravated punishment for this specific and severe form of computer data forgery in the Iranian penal system. The specific question of this article is what is the nature of Deep Fake that is different from computer forgery and what is the need to determine an aggravated punishment for it compared to simple computer data forgery in the Iranian penal system. In terms of comparative study, can an example of differential and aggravated punishment for Deep Fake be found in other penal systems? The findings of this research indicate that on the one hand, cases of committing deep forgery as a clear manifestation of the misuse of emerging artificial intelligence technology and, as a result, its various consequences, including ethical and security implications, are increasing, and on the other hand, due to the extremely severe manipulation and distortion of audio and video computer data in Deep Fake, it should be considered a much more complex phenomenon than ordinary computer forgery. There are also several reasons ethical, economic, political, security, and technical reasons, that justify the imposition of a different and more severe penalty for Deep Fake compared to ordinary computer forgery. It seems that the Iranian legislator, in line with the developments in some other criminal systems, including China and the United States, should seek to impose a different and more severe penalty for Deep Fake.
Keywords
Deep Fake
Computer Forgery
Audio and Video Forgery
Severe Manipulation of Audio and Video Computer Data
Differential Sentencing
Iranian Criminal Law
Subjects
Judgment
Volume 26, Issue 125
Spring 2026
Pages 151-180

  • Receive Date 24 July 2025
  • Revise Date 19 November 2025
  • Accept Date 02 May 2026