Chinese face-swapping app infringed Personal Information rights

On June 20, 2024, the Beijing Internet Court issued a significant first-instance judgment in case involving the unauthorized use of "AI face-swapping" technology. 

This case highlights the legal challenges and implications of using AI-driven technologies that can manipulate digital images, specifically in terms of infringing on personal rights and privacy.

Case Overview

The defendant in this case was an operator of an AI face-swapping app that allow users to create customized videos by swapping their faces with those of others. The defendant had used videos of the plaintiffs, who were short video models, to create face-swapping templates without their consent. These templates were then offered as part of a paid service within the app, enabling users to generate face-swapped content for a fee.

The plaintiffs argued that the defendant's actions violated their rights to their portraits and personal information. They contended that the unauthorized use of their images for commercial purposes not only infringed on their personal dignity and privacy but also harmed their professional and commercial interests. 

As a result, the plaintiffs sought both an apology and monetary compensation for the damages incurred.

Court's Findings

The Beijing Internet Court found that there was no infringement of the plaintiffs' portrait rights, but the defendant's use of the plaintiffs' images without authorization constituted a clear infringement on their personal information rights. 

The court emphasized that personal images and likenesses are protected under Chinese law, and the unauthorized commercial exploitation of these images violates individuals' rights to control the use of their personal information. 

The defendant attempted to mitigate its liability by arguing that it had outsourced the face-swapping services to a third-party company. However, the court rejected this defense, stating that the defendant remained fully responsible for the actions of the third party. The court ruled that outsourcing did not absolve the defendant of its obligations to respect the plaintiffs' rights.

The court also noted that the defendant's actions were driven by profit, as the face-swapping templates were monetized through the app. This commercial exploitation, done without the plaintiffs' consent, further exacerbated the infringement, leading to a ruling in favor of the plaintiffs.

Court's decision

The court ordered the defendant to issue a public apology to the plaintiffs for the unauthorized use of their images. 

Additionally, the court awarded the plaintiffs monetary compensation for the damages they suffered. The amount of compensation was determined based on factors such as the extent of the unauthorized use, the commercial value of the plaintiffs' images, and the impact on their personal and professional reputation.

These rulings are particularly important as they set a legal precedent for dealing with cases involving AI face-swapping and similar technologies in China. The court's decision underscores the importance of protecting personal information and image rights in the age of AI and digital media.

Implications for the Future

Increased Scrutiny on AI Applications: The judgments indicate that Chinese courts are taking a firm stance against the unauthorized use of AI technologies that infringe on personal rights. 

This will likely lead to increased scrutiny of AI applications, particularly those that involve the manipulation of personal data and images.

Liability of Service Providers: The court's rejection of the defendant's defense that it outsourced the face-swapping services to a third party highlights the principle that companies cannot evade liability by outsourcing potentially infringing activities. 

Service providers are expected to ensure that all aspects of their operations comply with legal standards, even when engaging third-party services.

Protection of Personal Rights: The rulings reinforce the legal protections available to individuals whose personal information, including their images and likenesses, is used without their consent. As AI technology becomes more pervasive, the protection of these rights will become increasingly important.

Impact on the AI Industry: These cases may prompt companies in the AI and digital content industries to reevaluate their practices, ensuring that they obtain proper consent before using individuals' images or other personal data. 

The rulings could also encourage the development of clearer regulations and industry standards for the ethical use of AI technologies.

Conclusion

The Beijing Internet Court's ruling on June 20, 2024, mark a significant development in the legal landscape surrounding AI technologies and personal rights in China. 

By holding the AI face-swapping app operator accountable for infringing on the plaintiffs' image and personal information rights, the court has sent a clear message about the importance of consent and the protection of personal dignity in the digital age. 

These judgments will likely influence future cases and contribute to shaping the ethical and legal framework for AI applications in China and beyond.