In today’s increasingly digital world, the courtroom is not immune to the disruptive power of artificial intelligence. Nowhere is this more concerning than in family law, where emotionally charged disputes rely heavily on personal evidence. However, the emergence of deepfakes are threatening to destabilise the integrity of the court process.
What is a Deepfake?
Deepfakes are digitally created and modified content usually in the form of false imagery, video and audio clips.
This technology can:
- Imitate a person’s face and expressions
- Clone their voice
- Make it look like they said or did something they never did
The Dangers of Deepfakes in Family Law
Family law cases often depend on the emotional and psychological assessment of the parties involved, where character and credibility are central to decisions about custody, visitation rights, and asset division. This makes them extremely vulnerable to deepfakes.
An example of this occurred in a 2020 custody battle, where a mother submitted an audio recording that appeared to show the father making threatening remarks. Initially accepted as decisive evidence, forensic examination later revealed the recording had been doctored using software and online tutorials. The manipulated clip included words the father had never actually said, casting doubt on the mother’s entire claim.
This case highlights a growing problem: deepfakes can not only deceive the courts with false narratives, but they also sow doubt about legitimate evidence. As deepfake technology becomes more sophisticated, judges and legal professionals are left grappling with the possibility that any piece of evidence no matter how convincing might be a fabrication.
Cases like this show that the rise of deepfakes has eroded trust in the family justice system, as falsified evidence is creating fabricated narratives that are misleading proceedings. However, at the same time, there have been cases where genuine evidence has been submitted, only for it to be dismissed or questioned as a potential deepfake. It has become clear that the emergence of deepfake technology has increasingly blurred the line between real and fake evidence.
Navigating the Threat: Solutions for Legal Professionals
In order to diminish the risk of a case being wrongly determined, family solicitors and barristers must ensure that evidence is being thoroughly inspected to separate genuine material from fabrications.
1. Use Forensic Tools
Software like Amped FIVE helps experts examine photos, videos, and audio files. It can reveal:
- If a file has been edited
- Inconsistencies in lighting, pixels, or sound
- The history of how a file was processed
These clues can help determine whether a piece of evidence is real or fake
2. Scrutinise the Story
Lawyers should be cautious if:
- A video or audio clip supports one person’s story a little too perfectly
- There’s no clear source or metadata for a screenshot
- The timing of when the evidence was produced seems suspicious
Asking for time stamps, file origins, and full context can help verify a piece of evidence before it’s accepted.
