The Legal Adaptation of Violent Forgery (Comparative Study)

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Published: Jul 26, 2025
Keywords:
( الذكاء الاصطناعي، التزييف العميق، التكييف القانوني، دوافع الجريمة)

Main Article Content

Sabreen Jaslm Makttoof
Ameel Jabbar Ashour

Abstract

     Deep fake crime is a digital offense that relies on artificial intelligence technologies, particularly Generative Adversarial Networks (GANs), to create and produce visual or audio content that closely resembles reality. This synthetic content is often indistinguishable from authentic material to the general public due to its high level of accuracy and sophistication. The primary purpose behind generating such manipulated content may involve defamation, blackmail, or extortion, serving the perpetrator’s specific objectives. Additionally, deepfake technology is frequently exploited to commit financial fraud against public and private institutions. The significance of this study lies in the fact that deepfake crime is a modern transnational offense that poses severe risks and harms to nations and societies. However, our research has revealed the absence of explicit legal provisions that directly criminalize deepfake activities in the legislation under review. Consequently, it becomes necessary to refer to general and specialized laws on cybercrime to address and fill this legislative gap by establishing an appropriate legal classification for deepfake crime. This approach is essential to ensure that such offenses are effectively addressed and that perpetrators do not evade punishment. While existing laws provide mechanisms for prosecuting offenders, it is crucial to introduce explicit legal provisions that explicitly criminalize deepfake offenses and impose penalties that correspond to their severity and dangerous implications

Article Details

How to Cite
Jaslm Makttoof ص., & Jabbar Ashour ا. (2025). The Legal Adaptation of Violent Forgery (Comparative Study). MIsan Journal of Comparative Legal Studies, 1(13), 514–540. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/461
Issue
Vol. 1 No. 13 (2025): Misan Journal for Comparative Legal Studies
Section
Articles

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How to Cite
E.A.Makttoof , Kassim J.K , K.H (2020). Distribution of different forms of phosphorus in calcareous soils from middle and south of Iraq . Al-Qadisiyah Journal For Agriculture Sciences,10, 1, 2020, 293-303.

References

Dr. Mahmoud Zaki Zidan, Criminal Confrontation with the Illegal Use of Deepfake Technology (A Comparative Study), 1st ed., Dar Al Fikr Wal Qanun Publishing and Distribution, Egypt, 2025, p. 17. Ashraf Sayed Abu Al-Ela, Criminal Confrontation with the Risks of Deep Fake Technology and Its Impact on the Admissibility of Digital Evidence in Criminal Proofreading (A Comparative Analytical Study), 1st ed., Dar Al-Nahda Al-Arabiya, Egypt, 2024, p. 15.

Abu Al-Fadl Jamal Al-Din Muhammad ibn Makram ibn Manzur, Lisan Al-Arab, vol. 9, 1st ed., Dar Sadir, Beirut, 1998, p. 143

Abu Al-Hasan Ali ibn Ismail, known as Ibn Sida, Al-Muhkam wa Al-Muhit Al-A'zam, vol. 11, 1st ed., Dar Al-Kutub Al-Ilmiyyah, Beirut, 2000, p. 93.

Akram Karim Khadir, In-Depth Studies in the Philosophy of Criminal Law, Academic Center for Publishing, Alexandria, Egypt, 2023, pp. 121-122.

Muhammad Ali Abu Ali, Criminal Liability for Artificial Intelligence Damages, 1st ed., Dar Al-Nahda Al-Arabiya, Egypt, 2024, p. 22.

Dr. Ashraf Sayed Abu Al-Ela, Criminal Confrontation with the Risks of Deep Fake Technology and Its Impact on the Admissibility of Digital Evidence in Criminal Proofreading (A Comparative Analytical Study), 1st ed., Dar Al-Nahda Al-Arabiya, Egypt, 2024, pp. 20-21.

Dr. Basem Muhammad Fadel, Legal Challenges of Deep Fake Technology, A Comparative Analytical Study, 1st ed., Dar Al-Fikr Al-Jami'i, Egypt, 2025, p. 45.

Dr. Ali Mawloud Fadel, Saif Adnan Abbas, Deep Fake: The Language of Artificial Intelligence in Media Cyberwars, 1st ed., Dar Amjad for Publishing and Distribution, Jordan, 2022, p. 34.

Dr. Baraa Munther Kamal, Dr. Nouris Rashid Taha, Criminal Confrontation with Electronic Blackmail, 1st ed., Dar Al-Masala, Baghdad, Iraq, 2024, p. 49.

Dr. Muhammad Ali Hassouna, Security Strategy for Confronting Emerging Cybercrimes, Dar Al Nahda Al Arabiya, Egypt, 2024, p. 51.

Dr. Ayman Abdullah Fikry, Information Systems Crimes (A Comparative Study), Dar Al Jamiaa Al Jadida Publishing House, Alexandria, 2007, pp. 11

Dr. Muhammad Ubaid Al Kaabi, Crimes Arising from the Illegal Use of the Internet, Dar Al Nahda Al Arabiya, Egypt, 2009, pp. 102-103.

second_ University theses

Mayada Muhammad Ahmad, Legal Conditioning of Facts in Criminal Cases (Comparative Study), PhD Thesis, College of Law, University of Mosul, Iraq, 2020, p. 12.

Muhammad Ibrahim Al-Alili, Procedural Confrontation of Cybercrimes (A Comparative Study), PhD Thesis, College of Law, University of Sharjah, United Arab Emirates, 2023, p. 19.

Ghadeer Majadeb Al-Ruwaili, Criminal Liability for Misuse of Deepfake Technology (A Comparative Study), Master's Thesis, College of Criminal Justice, Naif Arab University for Security Sciences, Saudi Arabia, 2023, p. 16.

Rowan Yaqoub Saeed Al-Zayan, Electronic Blackmail in Palestinian Legislation (A Comparative Study of Islamic Jurisprudence), Master's Thesis, College of Sharia and Law, Islamic University of Gaza, Palestine, 2023, pp. 19-20. Duaa Suleiman Abdul Qader Al-Tamimi, The Crime of Electronic Blackmail (A Comparative Study), Master's Thesis, Faculty of Law, Al-Quds University, Abu Dis, Jerusalem, Palestine, 2019, pp. 13-18.

Baqir Ghazi Hanoun Al-Daraji, Criminal Liability Arising from Electronic Blackmail (A Comparative Study), Master's Thesis, Faculty of Law, University of Basra, Iraq, 2020, pp. 69-73.

Roshan Sardar Muhammad Ali, Criminal Liability for Moral Crimes Through Social Media (A Comparative Study), Master's Thesis, Faculty of Law and Political Science, University of Kirkuk, Iraq, 2022, p. 47.

Third – Legislation

Article (202) of the Egyptian Penal Code No. (58) of 1937, as amended.

Egyptian Anti-Information Technology Crimes Law No. (175) of 2018.

Article (204) of the UAE Penal Code No. (3) of 1987, as amended.

UAE Anti-Rumors and Cybercrime Law No. (34) of 2021, as amended.

Articles (9, 99, 280, 284) of the Iraqi Penal Code No. (111) of 1969, as amended.

Iraqi Anti-Cybercrime Draft Law of 2019.

Articles (308, 327) of the Egyptian Penal Code No. (58) of 1973, as amended.

Articles (25, 26) of the Egyptian Anti-Technical Crimes Law No. (175) of 2018.

Article (42/Paragraph 1) of the UAE Anti-Rumors and Cybercrimes Law No. (34) of 2021, as amended.

Text of Article (327) of the Egyptian Penal Code No. (58) of 1937, as amended.

Text of Article (42/Paragraph 2) of the Anti-Rumors and Cybercrimes Law No. (34) of 2021, as amended.

Articles (430-432) of the Iraqi Penal Code No. (111) of 1969, as amended.

Article (6) of the Iraqi Anti-Cybercrimes Draft Law of 2019.

Fourth – Legal research and article

Dr. Muhannad Hamid Obaid, "The Impact of Deep Fake in Digital Media on the Credibility of Television News Sources," a study published in the Journal of Media Studies and Research (M.S.A.R.), Volume 3, Issue 10, 2023, p. 265.

Dr. Al-Assad Saleh Al-Assad, "Ethical Concerns Over the Negative Uses of Artificial Intelligence Technologies - Deep Fake Technology as a Model," a study published in the Journal of Media Studies, Volume 6, Issue 2, 2022, p. 376.

See Al Jazeera.net, a news website affiliated with Al Jazeera Channel, at the link: https://www.aljazeera.net, date and time of visit: 10/23/2024, 10:00 PM.

Dr. Abdul Nasser Wannous, Lujain Khaddour, Some Applications of Deepfake Technology and Its Use in Contemporary Marketing and Promotion, a study published in the Damascus University Journal of Engineering Sciences, Volume 39, Issue 2, 2023, p. 10. Reda Ibrahim Abdullah Al-Bayoumi, "Legal Protection from the Risks of Deep Forgery Applications in Islamic Jurisprudence and Positive Law (A Comparative Analytical Study)," Special Issue, Eighth International Scientific Conference - Technology and Law, published in the Journal of the Spirit of Laws, Volume 35, Issue 102, 2023, pp. 843-844.

Muhammad Mustafa Salah Abdel Hamid, "Digital Forgery and Its Impact on the Admissibility of Digital Evidence in Criminal Cases (A Comparative Jurisprudential Study)," Research published in the Journal of Sharia and Law, Faculty of Sharia and Law, Al-Azhar University, Cairo, Issue 40, 2022, pp. 856-857.

Muhammad Ali Salem and Hassoun Obaid Hajij, "Cybercrime," Research published in the Journal of the University of Babylon for Humanities, Volume 14, Issue 2, 2007, p. 90. Rana Hikmat Abbas, "Electronic Blackmail," a study published in the Lark Journal of Philosophy, Linguistics, and Social Sciences, Volume 1, Issue 44, College of Arts, Department of Sociology, University of Wasit, Iraq, 2022, p. 472.

Dr. Amil Jabbar Ashour, Faisal Ghazi Muhammad, "Procedural Provisions for Electronic Blackmail of Children via Social Media (A Comparative Study)," Volume 1, Issue 8, a study published in the Maysan Journal of Legal Studies, College of Law, University of Maysan, p. 332.

Muayyad Jabbar Muhammad, Judicial Adaptation of Penal Rules: Their Application in the Absence of Criminal Legislation for New Crimes in Iraq as a Model, a study published in the Maysan Journal of Comparative Legal Studies, College of Law, University of Maysan, Issue 10, Volume 1, 2024, p. 609.

Muhammad Sattar Jabbar, The Administration's Obligation to Prevent Rumors Harmful to the Operation of Public Utilities, a study published in the Maysan Journal of Comparative Legal Studies, College of Law, University of Maysan, Issue 9, Volume 1, 2024, pp. 427-428.

The fake clip of French President Macron using deepfake technology on YouTube, at the link https://youtu.be, date and time of visit: October 15, 2024, 3:00 PM.

Fifth – Judicial decisions

Decision of the Babylon Court of Appeal, in its capacity as Court of Cassation, No. (926/T/C/2023), dated May 14, 2023 (published).

Decision No. (3758/Criminal Panel/2019), dated March 17, 2019 (unpublished), quoted from the reference, Dr. Baraa Munther Kamal, Dr. Nouris Rashid Taha, Criminal Response, op. cit., p. 55.