In recent years, the proliferation of video and audio content generated or altered by artificial intelligence (AI) has become increasingly prevalent on Moroccan social media platforms. This evolution brings with it a significant risk of reputational damage, as the creation and distribution of deepfakes can lead to serious consequences for individuals. While Morocco currently lacks specific legislation that explicitly defines or regulates deepfakes, various provisions within the Penal Code can be utilized to address the most malicious applications of this technology. This article delves into the legal framework surrounding deepfakes in Morocco, which has gradually evolved over time, while we await the introduction of a proposed, yet not yet enacted, law on artificial intelligence.
A Nominal Legal Vacuum, Not a Total Legal Void
Legal experts largely agree that Morocco does not have any laws that specifically address deepfakes, nor does it possess a clear legal definition for the creation or distribution of AI-generated synthetic content. However, this lack of explicit terminology does not equate to a complete absence of legal recourse. The Moroccan Penal Code, which predates the advent of generative AI, includes several relevant legal categories that can be interpreted broadly to cover instances of reputational harm linked to deepfakes.
Defamation: Intersections of the Penal Code and Press Code
Articles 442 and 443 of the Penal Code characterize defamation as any false allegation that undermines an individual's honor or reputation, while insults are defined as offensive expressions that do not necessarily involve factual imputation. A manipulated video that falsely attributes statements or actions to an individual can fall under these definitions. Notably, Article 444 does not stipulate penalties for public defamation directly; instead, it references the Press Code, specifically Law No. 88-13 on the Press and Publishing, which has replaced custodial sentences for press offenses, including defamation, with monetary penalties. This raises a pertinent question among legal practitioners: does this regime extend to content posted by individuals on social media, or could a judge impose harsher criminal charges using different statutes? The Moroccan judiciary has yet to provide a definitive answer to this query.
Furthermore, Articles 447-1 through 447-3 of the Penal Code, introduced by Law No. 103-13 aimed at combating violence against women, offer a more direct legal basis for addressing the misuse of deepfakes. Article 447-1 prescribes a prison term ranging from six months to three years, along with fines of 2,000 to 20,000 dirhams, for the unauthorized interception, recording, broadcasting, or distribution of an individual’s private words or images. Article 447-2 imposes penalties of one to three years in prison and similar fines for unauthorized broadcasts of altered content or for disseminating false information intended to defame individuals. Article 447-3 stipulates more severe penalties for repeat offenders, particularly when the victim is closely related to the perpetrator, targeted due to their gender, or is a minor.
When deepfakes are used to create a false impression of someone’s identity or position, provisions related to impersonation (Articles 380 et seq. of the Penal Code) could also be relevant. Additionally, Law No. 07-03, which amends the Penal Code concerning offenses involving automated data processing systems, allows for harsher penalties if the creation or distribution of deepfake content involves fraudulent access to a computer system.
However, a significant blind spot exists in the current legal framework regarding the creation of AI-generated content. Law No. 09-08, which governs the protection of personal data in Morocco, was not intended to address the training of algorithms utilizing biometric data, nor does it categorize the generation of synthetic content as a standalone criminal offense. As noted by Meryem Aanaiber, Ph.D. in Private Law, there is a crucial need for a dedicated criminal offense addressing the production of deepfakes, which would apply even before the content is distributed publicly.
At present, Moroccan victims of defamatory deepfakes have three potential legal avenues: filing a criminal complaint based on Article 447-2 for false allegations and potentially invoking defamation laws under Articles 442-444; pursuing civil summary proceedings to seek urgent removal of the harmful content and potentially hold the hosting platform accountable; or utilizing the internal reporting procedures offered by platforms, which can expedite content removal but do not provide compensation for damages.
In conclusion, while the Moroccan legal system is not entirely powerless against deepfakes, it addresses these challenges indirectly through laws originally designed for other technological issues. The adequacy of this legal framework will be tested as more advanced uses of deepfake technology emerge, such as voice cloning for fraudulent purposes and synthetic videos aimed at influencing public opinion. The urgent need for a comprehensive law on artificial intelligence, which includes a clear definition of deepfakes and a liability framework for platforms, has become increasingly apparent as Moroccan lawmakers prepare to tackle this pressing issue.
As reported by telquel.ma.
