Civil Liability and Challenges to Admissibility of Evidence in Confronting Deepfakes

Articles in Press

Document Type : Research Paper

Authors

1 Professor, Department of Private Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

2 Private Law, Law faculty. university of judicial sciences and administrative services. Tehran. Iran.

10.22099/jls.2026.55310.5443

Abstract

Deepfake technology, by collapsing the boundaries between truth and fabrication, confronts the legal system with a crisis in evidentiary authentication and the inefficacy of identifying anonymous perpetrators. The purpose of this study is to analyze the capacity of Iranian law to address these challenges and propose a new liability framework. The central question investigates how Islamic jurisprudential principles and comparative models can be employed to resolve the evidentiary obstacles and liability attribution issues regarding deepfakes. Adopting an analytical-comparative methodology , the article argues that deepfakes constitute "digital identity usurpation" rather than mere defamation, necessitating a shift from individual to systemic liability. The findings indicate that the traditional "fault-based" paradigm is insufficient due to the "Liar’s Dividend" phenomenon and the anonymity of users. Consequently, by applying the Islamic rules of Tasbib (Causation—specifically where the cause is stronger than the agent) and La Zarar (No Harm), the study concludes that digital platforms, as creators of risk and economic beneficiaries, must be held liable. Furthermore, to overcome evidentiary challenges and guarantee practical redress, “shifting the burden of proof in doubtful cases,” mandating platforms to “detect and label AI-generated content,” and establishing “cyber victim compensation funds” are essential for safeguarding justice in the AI era.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 06 May 2026

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