Why are deepfakes a workplace concern?

Why are deepfakes a workplace concern?

It could be because they’ve increased by over 900% annually.

Or because the cost to create a convincing deepfake has dropped to a few dollars, with voice clones only requiring 3 seconds of audio.

Or because the vast majority of online deepfakes are non-consensual, intimate images of women.

Key liability issues are already taking shape. In a recent case, a captain in the LAPD learned a topless photograph was being widely circulated. 

Although it was of another woman – it was portrayed as an image of the plaintiff, resembled her, and many of her co-workers believed it was her.

The plaintiff did not view the image, but multiple subordinates reported that officers were sharing it and making derogatory sexual comments.

She filed suit, alleging sexual harassment, and a jury awarded her 4 million dollars. The fact that the image was not of the plaintiff and she did not even view it, didn’t matter.

The California Court of Appeal affirmed, holding secondhand knowledge of widespread circulation of a sexualized image — combined with the employer's failure to take immediate and appropriate corrective action — was sufficient to establish harassment.

Despite the plaintiff’s requests, leadership did not advise employees that the image was not of the plaintiff, or order personnel to stop sharing it. And no one involved was disciplined.

Some important takeaways

First, with deepfake audio and video technology becoming increasingly sophisticated—and more accessible than ever — its use and misuse in the workplace is unavoidable.

Second, the employer response is critical. Responding to this growing concern the right way is imperative, and may not be naturally intuitive for most managers, so make sure your policies and trainings are updated to educate your workforce on the consequences of inappropriate AI use, and to prepare HR to timely investigate and intervene to prevent the negative consequences of harassing media, whether it is genuine or a deepfake.

For more information on how to better prepare your team, please contact your Littler attorney.