Authored By: Tobechukwu Uzo-Nwokorie
Babcock University
Abstract
This article explores the deepfake technology; its emergence, legitimate and illegitimate uses, and the legal concerns over them. Deepfakes have rapidly evolved in both scope and sophistication. While the technology offers positive uses in filmmaking, education, and cross lingual communication, its illegitimate uses, such as fraud, disinformation, defamation, impersonation, and hate speech, raise serious legal concerns. The article examines documented cases of deepfake use in Nigeria and globally, and assesses how existing provisions in Nigeria’s Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (as amended by the 2024 Act) may be applied to these crimes. It also highlights the Act’s limitations in addressing emerging threats posed by deepfake technology and offers recommendations for legislative reform to strengthen Nigeria’s legal framework in this regard.
Keywords: Deepfake, Deepfake Technology, Artificial Intelligence, Cybercrimes Act.
Introduction
Deepfake technology is an Artificial Intelligence (AI) tool used to simulate images, videos, and other media contents that look authentic but are not. It also includes placing someone’s face or voice onto another person’s body or sound to create a lifelike human performance1; this has become the major legal concern regarding deepfake—fraudulent misrepresentation.
‘Deepfake’ refers to both the technology itself and the fake content it creates.2 The term ‘deepfake’ combines two words; ‘deep learning’ and ‘fake’. Deep learning refers to the technology used in deepfakes to create fake content. Hence, the term ‘deepfake technology’.3
Emergence of Deepfake Technology in the Global Space and in Nigeria
Deepfakes are said to have surfaced the Internet in 2017 when a Reddit moderator started a page called “deepfakes” as a platform for posting videos that used face-swapping technology to put celebrities’ faces into pornographic scenes. This is also where the term ‘deepfake’ was coined from.4
However, the groundwork for the emergence of deepfake technology was already being laid before 2017. In the 1990s, scientists started using computer-generated imagery (CGI) to create realistic-looking images; and in 2014, Ian Goodfellow, an American computer scientist and engineer, introduced Generative Adversarial Networks (GANs) which has become a core technology behind most deepfakes.5 Since 2017, the use of deepfakes has steadily increased.
The earliest documented case of deepfake in Nigeria is said to date back to 2018 when a video claiming that former President Muhammadu Buhari had died and had been replaced by a clone, was surfacing the Internet. The video was suspected by some to be a deepfake.6
In 2021, the Nigerian Government raised concerns about the growing use of deepfake technology to spread false information and discredit government officials. It mentioned that deepfake videos and news were being used to make false claims like the shutdown of Channels TV, a Nigeria-based news broadcasting organisation, and the arrest of its broadcasters; and visits to the United States by Nigerian government officials. In an interview, Minister of Information and Culture, Lai Mohammed, stated thus; ‘The danger of deep fake news is that it is difficult to differentiate fake news from real news. This is because purveyors of deep fake news would take a story, be it a video or a photograph, and make it look real. They will take videos of what is happening in other lands, doctor them, and freely circulate them as what is really happening in Nigeria’.7
Recently, during the 2023 Nigerian Presidential Election, a deepfake technology was used to generate an audio containing a purported secret conversation between Peter Obi, one of the presidential candidates and Bishop David Oyedepo, a prominent religious leader, urging Christians to vote for Peter Obi.8
Illegitimate Uses of Deepfake Technology
Deepfake technology has raised serious concerns due to the many unlawful ways in which it has been used. Today, the use of deepfake technology for unlawful purposes has become rampant in almost every society, including societies that are technologically backwards like Nigeria. In fact, there is reason to believe that its illegitimate applications may currently outweigh its legitimate ones.
Recently, deepfake technology has been largely used to perpetrate fraud. A 2024 report by Deloitte Center for Financial Services states that 25.9% of financial institutions encountered at least one deepfake attack aimed at compromising their financial or accounting data; and that fraud losses in the U.S. could rise from $12.3 billion in 2023 to $40 billion by 2027, driven by generative AI (an AI which powers deepfake technology), with an estimated annual growth rate of 32%.9 Earlier in 2024, a finance staff at Arup, a London-based firm, was tricked into authorizing a $25.6 million transfer after attending a deepfake video call that featured fake versions of the company’s CFO and colleagues.10 In the same year, an 82-year-old retiree lost over $690,000 of his savings after being fooled by a deepfake video of Elon Musk endorsing a fake investment scheme that promised high returns.11 The 2025 Netflix Nollywood release To Kill a Monkey should serve as a stark warning to the Nigerian society of the likely imminent rise fraud cases in the country, perpetrated with alarming ease through the use of deepfake technology, as fraudsters increasingly acquire the knowledge to exploit it for criminal purposes.
Deepfake technology is also widely used to spread disinformation (which is distinct from misinformation in that it involves a deliberate intent to deceive, whereas misinformation lacks such intent).12 This is popularly seen in the political space, with the intent (of the deepfake producer) to evoke a desired response from the public. For example, the aforementioned deepfake audio of Bishop David Oyedepo encouraging Nigerians to vote for candidate Obi13; the deepfake video of Ukrainian President Volodymyr Zelensky announcing Ukraine’s surrender14; the deepfake news claiming that some Nigerian government officials were traveling to the United States to spy on protesters planning to demonstrate against the President at the United Nations General Assembly.15 Such uses of deepfake technology have led to public confusion, political unrest and erosion of public trust.
Another unlawful use of deepfake technology is the promotion of hate speech and videos that incite hatred.16 An example is the fake video where former United States President Barack Obama was hauling insults directed at U.S President Donald Trump, which was circulating the Internet in April 2018.17
Furthermore, deepfake technology is famously known to be used in tarnishing the image of people, especially important public figures, celebrities. For instance, deepfake technology is frequently used to make fake pornography videos wherein the face of a person, particularly a female celebrity or/and public figure, is put in a pornographic video without their consent.18 An example of this is the deepfake pornography video, which went viral in India, wherein the faces of female journalists and politicians were used; and 19 Asides fake pornography, deepfake technology has been used to place public figures in other compromising settings in order to tarnish their image. For example, the video of co-founder and CEO of Facebook Plc, Mark Zuckerberg, boasting that Facebook “owns” its users; as well as the video of American Politician, Nancy Pelosi, wherein her speech was slowed down and sounded slurred to make her look as though she was intoxicated while delivering the speech, were both created using deepfake technology.20
Legitimate Uses/Advantages of Deepfake Technology
Amidst its various illegitimate uses, deepfake technology has been used for a number of lawful and advantageous purposes, including breaking down linguistic barriers.21 For instance, former English soccer player, David Beckham, during his Malaria No More Campaign in 2019, was able to deliver his speech in nine different languages.22 This was done by using an AI Synthesis developed by Synthesia to create a 3D digital model of his face which was then synced to the voices of real people who, in actual fact, were the ones speaking the respective native languages.23 The AI synchronized Beckham’s digital face with the voices of the native speakers, to create a seamless and natural-looking speech delivery “by Beckham”.
Deepfake technology is also widely used in the filmmaking and videography industry to create visual effects (VFX) and virtual sets and backgrounds. By using AI to create such things, filmmakers and videographers save cost of obtaining a physical background required for shoots, and can enjoy flexibility in changing backgrounds.24
Furthermore, deepfake is used as an educational tool to create videos of important historical figures telling their story or giving speeches by themselves, which makes learning more interesting, interactive and consequently, productive. For example, deepfake technology was used to create a video of President F. John Kennedy delivering the speech he was meant to give in Dallas before his assassination in 1963.25
Legal Concerns over Deepfake Technology
From the numerous unlawful uses of deepfake technology, it can be deduced that there are several legal concerns as regards the rise of deepfake technology. They include cyber bullying, fraud, impersonation, fraudulent misrepresentation, defamation, hate speech, incitement to hatred and so on.
The Applicability of the Nigerian Cybercrimes (Prohibition, Prevention, Etc) Acts to Deepfake Technology Use
Since the uses of deepfake technology surround the Internet, basically every illegitimate use of deepfake technology constitutes a cybercrime. One of the objectives of the Nigerian Cybercrimes (Prohibition, Prevention, Etc) Act, 2015, is providing a framework “for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria”26, hence its relevance to deepfake technology. It is important to note that some of the provisions of the principal (that is, the 2015) Act have been amended by the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
Section 13 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 provides that knowingly inputting, altering, deleting or suppressing computer data which results in the production of inauthentic data which looks authentic, is punishable by imprisonment for not less than three years or a fine of not less than ₦7,000,000 or both. Also, Section 14 criminalizes the altering or suppressing of computer data with the intention of obtaining economic gain. Since ‘computer data’ under the Act includes images, videos and audio files (‘other files’)27, these Sections can be applied to the use of deepfake technology to create misleading media contents by inputting or manipulating such files, with (or without, because Section 13 makes the actus reus a crime on its own) the intent to deceive, obtain fraudulent gain or for other purposes.
In addition, the Act provides that any person who, being an employee at a private or public organisation28, uses his/her insider knowledge to steal the identity of their employer, staff, or partners to commit fraud is guilty of a crime and liable, upon conviction, to imprisonment for up to seven years, a ₦5,000,000 fine, or both.29 This easily applies to the use of deepfake technology to impersonate a person in order to commit fraud.
Furthermore, the Act criminalizes the act of knowingly or intentionally sending a message through a computer system or network in order to cause a breakdown of law and order or causing such message to be sent. This is applicable to a situation where deepfake is used to spread false or manipulated content, such as videos that impersonate government officials, with the intent or effect of causing political unrest or a breakdown of law and order.30
Shortcomings of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015, with Respect to Deepfake Technology Use and Recommendations
Although the Cybercrimes Act of 2015 contains relevant provisions which may be used to prosecute crimes perpetrated with the use of deepfake technology, there are a few shortcomings.
Firstly, the Act lacks provisions which explicitly provide for crimes related to deepfake or manipulation of data with the use of AI, thus, making it difficult to apply its provisions directly to cases of deepfake technology being used unlawfully. Despite the rise of the use of deepfake technology (particularly, for unlawful purposes) in the 24th Century and the enactment of the 2024 Amendment Act, the Amendment Act lacks provisions which expressly bring crimes perpetuated with the use of deepfake technology, under the scope of the principal Act. With the increasing use of deepfake technology for both legitimate and illegitimate purposes, it is essential that the Act be further amended to specifically provide for the prevention, prohibition and prosecution of such crimes.
Also, Section 22(1) of the Act applies to employees and the organisations they work for. It is advisable that Section 22(1) of the Act be expanded by the Nigerian Legislature to include other persons asides employees of organisations, who commit steal the identity of any individual or any organisation, in order to defraud.
Although ‘breakdown of law and order’ as provided in the amended Section 24(1)(b)31 may be implied to include public unrest and confusion, it is recommended that ‘political/public unrest, fear and confusion’ be specifically incuded to the provision, for the purpose of clarity. If this is done, cases like the alleged use of a deepfake to circulate news claiming that some Nigerian government officials were traveling to the United States to spy on protesters planning to demonstrate against the President at the United Nations General Assembly, would be punishable.
Conclusion
Deepfake technology presents both opportunities and challenges in today’s digital age. While it can enhance communication, education, and entertainment, its growing misuse for criminal purposes (particularly fraud, disinformation, and defamation) demands urgent legal attention. The Nigerian Cybercrimes Act of 2015 contains several provisions that may apply to the illegitimate use of deepfakes, such as those related to data manipulation, fraud, identity theft, and public disturbance. However, the Act lacks clarity and specificity regarding AI-generated content and deepfake-related offences. To address this gap, the Nigerian Legislature should consider further amending the Act to include express provisions for deepfake-related crimes and broaden the scope of existing offences. As deepfake technology continues to evolve, Nigeria’s legal framework must keep pace to ensure technological innovation and public safety are equally balanced and protected.
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1 Vejay Lalla, Adine Mitrani and Zach Harned, ‘Artificial Intelligence: Deepfakes in the Entertainment Industry’ (World Intellectual Property Organisation Magazine, 19 June 2022) <https://www.wipo.int/web/wipo magazine/articles/artificial-intelligence-deepfakes-in-the-entertainment-industry-42620> accessed 6 June 2025.
2 Kinza Yasar, ‘What is Deepfake Technology?’ (Tech Target, 22 May 2025) <https://www.techtarget.com/whatis/definition/deepfake> accessed 6 June 2025.
3 Brij Gupta, ‘DeepFake: A Deep Learning Approach in Artificial Content Generation’ (Medium, 14 March 2023) <https://medium.com/@gupta.brij/deepfake-a-deep-learning-approach-in-artificial-content-generation a626ceebe48f> accessed 6 June 2025.
4 Mika Westerlund, ‘The Emergence of Deepfake Technology: A Review’ (2019) 9 TIM Review 39 <https://timreview.ca/article/1282> accessed 6 June 2025.
5 Proof Point, ‘Deepfake Technology’ (Proof Point) <https://www.proofpoint.com/us/threat-reference/deepfake> accessed 7 June 2025.
6Joel Popoola, ‘2023 Elections and Danger of ‘Deepfake’ Technology to Nigerian Democracy’ The Guardian (Lagos, 16 March 2021) <https://guardian.ng/opinion/2023-elections-and-danger-of-deepfake-technology-to nigerian-democracy/> accessed 7 June 2025.
7 Vanguard News Nigeria, ‘FG Raises Alarm over Use of ‘Deep’ Fake News to Attack its Officials’ Vanguard (Lagos, 7 September 2021) <https://www.vanguardngr.com/2021/09/fg-raises-alarm-over-use-of-deep-fake-news to-attack-its-officials/> accessed 7 June 2025.
8 Frank Eleanya, ‘How AI, Deepfakes are Deployed to Shape Political Outcomes’ Business Day (Lagos, 17 April 2023) <https://businessday.ng/technology/article/how-ai-deepfakes-are-deployed-to-shape-political-outcomes/> accessed 7 June 2025.
9 Deloitte Center for Financial Services, ‘Generative AI is expected to magnify the risk of deepfakes and other fraud in banking’ (Deloitte, 29 May 2024) <https://www2.deloitte.com/us/en/insights/industry/financial services/financial-services-industry-predictions/2024/deepfake-banking-fraud-risk-on-the-rise.html> accessed 10 June 2025.
10 Mounica S, ‘Top 10 Examples of Deepfake Across The Internet’ (Hyperverge, 24 March 2025) <https://hyperverge.co/blog/examples-of-deepfakes/> accessed 10 June 2025.
11 Gabe Regan, ‘Deepfake Social Engineering: A New Era of Financial Fraud’ (Reality Defender, 12 January 2022) <https://www.realitydefender.com/insights/deepfake-social-engineering-financial-fraud> accessed 10 June 2025.
12 Cristian Vaccari and Andrew Chadwick, ‘Deepfakes and Disinformation: Exploring the Impact of Synthetic Political Video on Deception, Uncertainty, and Trust in News’ (2020) 6 Sage Journals 1 <https://journals.sagepub.com/doi/10.1177/2056305120903408> accessed 8 June 2025.
13 Frank Eleanya, ‘How AI, Deepfakes are Deployed to Shape Political Outcomes’ Business Day (Lagos, 17 April 2023) <https://businessday.ng/technology/article/how-ai-deepfakes-are-deployed-to-shape-political-outcomes/> accessed 7 June 2025.
14 Adam Satariano and Paul Mozur, ‘The People Onscreen Are Fake. The Disinformation Is Real’ The New York Times (New York, 7 February 2023) <https://www.nytimes.com/2023/02/07/technology/artificial-intelligence training-deepfake.html> accessed 7 June 2025.
15 Vanguard News Nigeria, ‘FG Raises Alarm over Use of ‘Deep’ Fake News to Attack its Officials’ Vanguard (Lagos, 7 September 2021) <https://www.vanguardngr.com/2021/09/fg-raises-alarm-over-use-of-deep-fake-news to-attack-its-officials/> accessed 7 June 2025.
16 University of Essex, ‘Misinformation and Disinformation and Deep Fakes’ (Essex)
<https://www.essex.ac.uk/research-projects/human-rights-big-data-and-technology/misinformation-and disinformation-and-deep-fakes> accessed 8 June 2025.
17 Cristian Vaccari and Andrew Chadwick, ‘Deepfakes and Disinformation: Exploring the Impact of Synthetic Political Video on Deception, Uncertainty, and Trust in News’ (2020) 6 Sage Journals 1 <https://journals.sagepub.com/doi/10.1177/2056305120903408> accessed 8 June 2025.
18 Olisa Agbakoba Legal, ‘Deepfakes in Nigeria: Protection and Legal Framework against Deepfake Attacks in Nigeria’ (Olisa Agbakoba Legal, 23 September 2021) < https://oal.law/deepfakes-in-nigeria-protection-and-legal framework-against-deepfake-attacks-in-nigeria/> accessed 8 June 2025.
19 Carmen Constantineanu, ‘Deepfakes: The New Frontier in Polititcal Disinformation’ (Security Distillery, 8 November 2024) <https://thesecuritydistillery.org/all-articles/deepfakes-the-new-frontier-in-political disinformation> accessed 8 June 2025.
20 Mounica S, ‘Top 10 Examples of Deepfake Across The Internet’ (Hyperverge, 24 March 2025) <https://hyperverge.co/blog/examples-of-deepfakes/> accessed 10 June 2025.
21 Vejay Lalla, Adine Mitrani and Zach Harned, ‘Artificial Intelligence: Deepfakes in the Entertainment Industry’ (World Intellectual Property Organisation Magazine, 19 June 2022) <https://www.wipo.int/web/wipo magazine/articles/artificial-intelligence-deepfakes-in-the-entertainment-industry-42620> accessed 6 June 2025.
22 Ibid.
23 Leander Sodji, ‘How We Made David Beckham Speak 9 Languages’ (Synthesia, 26 October 2023) <https://www.synthesia.io/post/david-beckham> accessed 8 June 2025.
24 Max Kalmykov ‘Positive Applications for Deepfake Technology’ (Medium, 29 November 2023) <https://maxkalmykov.medium.com/positive-applications-for-deepfake-technology-bc2dc3022dad> accessed 8 June 2025.
25 Max Kalmykov ‘Positive Applications for Deepfake Technology’ (Medium, 29 November 2023) <https://maxkalmykov.medium.com/positive-applications-for-deepfake-technology-bc2dc3022dad> accessed 8 June 2025.
26 Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, s 1(a).
27 Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, s 58 (Interpretation Section).
28 Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, s 4.
29 Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, s 22.
30 Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, s 24(1)(b); Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, s 5.
31 Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, s 5.
