Punish or Prevent Deepfakes

Deepfake sex crimes have returned to the courtroom.
An incident in which an image of a member of a popular girl group was doctored and circulated has provoked controversy because the punishment fell short of a prison term.
The court cited the defendant's first-offender status and remorse and issued a suspended sentence, yet public debate has not subsided.
This column lays out the facts and then calmly examines the legal, technical, and social responses.

Why are celebrities targeted by deepfakes?

Case summary and origins

The reality is serious.
In 2024 the Ulsan District Court sentenced a man in his 30s who had pasted a famous K-pop girl group's member's face onto nude photos and shared them on Telegram to six months in prison, suspended for two years, and ordered 40 hours of sexual violence treatment.
The harm is deep: reputational damage and a violation of personal privacy that can be long lasting.
The issue should be seen both as a criminal act of production and distribution and as a social harm that spreads online.

Key point: Producing and sharing synthetic sexual images is a criminal act, and once posted they spread rapidly through online channels—often via overseas servers.

The court said the offense was serious but reduced the active sentence because the defendant was a first offender and showed remorse.
However, varying rulings across cases highlight inconsistencies in criminal policy.
Reports of celebrity-targeted deepfakes predate this ruling, and since 2021 Telegram and other messenger services have been repeatedly used for illegal circulation.

Historical context of deepfakes

The technology spread quickly.
Deepfake methods became widely available around 2017, and by 2021 illicit distribution over messaging apps had surged.
Korean authorities stepped up enforcement at the end of 2020 and had some results, yet the global, distributed nature of servers revealed limits to policing efforts.
As the tools spread, the forms of harm evolved—and celebrities became clear, frequent targets.

Summary: The democratization of the technology exposed gaps in laws and institutions.

Meanwhile, public awareness should focus on victims.
Coverage of celebrity cases arouses anger, but there is less attention to how ordinary photos can be turned into criminal material.
As a result the debate inevitably turns to the responsibilities of platforms and the need for better rules.

idol deepfake image

Legal framework and gaps

The law is still catching up.
Production and distribution can be punished under special statutes on sexual crimes and the Information and Communications Network Act.
Specifically, the law provides for up to five years in prison or a fine up to 50 million won (about $40,000).
However, a gap remains: mere viewing or possession is often not covered by criminal penalties.

Problem summary: Even if creators and distributors are punished, the loophole around viewers and possessors leaves room for abuse.

Other courts have handed down harsher sentences.
For example, the Seoul Eastern District Court sentenced a defendant to four years in prison after finding they had produced and sold hundreds of synthetic images of a celebrity.
Differences in rulings depend on the seriousness of the offense, the scale of harm, and the defendant's attitude.
That means clearer statutory standards and more consistent application are needed.

Argument for tougher enforcement and penalties

Strong action is justified.
Deepfake pornography directly harms a victim's dignity and reputation and therefore warrants penalties comparable to sexual crimes.
Harsher punishment can help deter repeat offenses and assist victim recovery.
When public figures like entertainers are singled out, the social damage multiplies and demands firm enforcement.

Claim summary: To protect victims and deter offenders, enforcement and penalties should be maintained or strengthened.

First, responses must be victim-centered.
Temporary takedown orders, fast reporting systems, and psychological support should be strengthened.
Second, platform oversight and international cooperation can limit distribution from overseas servers.
Third, education and prevention—online ethics and digital self-management—must accompany enforcement.

Concrete examples show the need for speed: deepfakes shared in encrypted messenger groups spread quickly, and early disruption is critical.
Improving investigative capacity and accelerating international cooperation for server tracking increase chances of tracing creators.
Combined with strict sentencing, treatment orders and social sanctions can reduce recidivism.
From this perspective, strong law enforcement has a role.

Argument against simple expansion of criminal penalties

Overly broad punishment carries risks.
Making simple viewing or sharing a criminal offense could raise free speech concerns and conflict with proportionality principles.
Moreover, overseas servers and online anonymity limit the real-world effectiveness of stricter penalties.
So punishment alone will not solve the problem.

Essence: Expanding criminal penalties without practical effect can backfire.

First, the enforcement gap around casual consumers is practical reality.
In large group chats at colleges or workplaces, many people may view or possess illegal files, and prosecuting every viewer is not feasible.
Second, technological and platform-based measures might be more practical than criminal investigations.
Automated detection systems and stronger platform moderation are urgent needs.

Third, prevention through education and cultural change must go hand in hand.
Relying only on punishment may temporarily suppress incidents but will not change the production-and-consumption culture that enables repeat offenses.
Schools, employers, and platforms need to institutionalize digital ethics and civic responsibility training to achieve long-term change.
For these reasons, a punishment-only approach has limits.

deepfake distribution screenshot

Technical and platform causes

Accessibility is the core problem.
AI-based synthesis can create realistic footage from a single photo.
Online tutorials and open-source tools have lowered barriers to production.
As a result, the spread of content is now a larger worry than the identity of a creator.

Summary: Technology democratization has also democratized criminal misuse.

On the platform side, overseas messengers and distributed servers pose new challenges.
Anonymity and encryption make concealment easier.
So platforms must adopt stronger self-regulation and work with international law enforcement.
Technically, systems that verify originals and detect near-duplicate images or videos are needed.

Social responses and policy fixes

Education and institutions must act together.
Laws should clearly punish production and distribution while administrative or civil remedies address casual possession.
Public oversight of platforms and faster takedown processes should be established to enable swift removal and blocking.
Medical and psychological services for victims must be expanded publicly.

Core proposal: A layered response combining law, policy, education, and platform regulation is required.

Concrete reforms could include:
First, stronger international cooperation and streamlined procedures for data requests to trace overseas servers.
Second, public support for research and standards that help platforms deploy automated detection technology.
Third, mandatory digital ethics education in schools, workplaces, and community programs.
Fourth, public expansion of rapid legal, psychological, and medical assistance for victims.

Conclusion and recommendations

The point is clear.
Deepfake sexual crimes are a complex intersection of technology, society, and law; no single fix will suffice.
Strong penalties must be paired with prevention education and international cooperation.
At the same time, improving platform accountability and detection capabilities is urgent.

In short, differing court rulings show that public debate must continue.
Voices calling for tougher punishment coexist with concerns about effectiveness and proportionality.
Policy makers should place victim protection first while designing balanced rules that recognize free expression and the limits of technology.
Finally, a question for readers:

What mix of regulation and education should we adopt?
How do you think society should respond?

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