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Aryeh Freud
CST 300
14 October 2023
Deepfakes: A Dual Lens of Relativism and Care

The modern age of innovation has rapidly propelled our society into the technological

golden age. This is predominately marked by the influence that artificial intelligence has over our

lives. The technologies that artificial intelligence has helped create are affecting industries and

people alike. A prime example of this are deepfakes. These are fabricated videos and images that

depict a person’s likeness (Somers, M. 2020). This includes an individual saying things they’ve

never said and performing activities they’ve never done.

The Issue

The issue at hand is that the legality and ethical reasoning surrounding deepfakes are not

clear. Part of this issue concerns the fact that artificial intelligence related technology is simply

too new. As of mid-late 2023, there are no federal regulations regarding deepfake technology.

The only federal action thus far was an inclusion in the National Defense Authorization Act

(NDAA), which instructed the Director of National Intelligence to give reports on foreign

governments use of deepfakes. The purpose of this is to track the misinformation that may be

spread by hostile governments and its effect on national security (Quirk, C. 2023).

To understand the origin of deepfakes, we need to go back to 2017. A Reddit user that

went by the same name as the technology, started sharing pornographic videos of actresses. This,

by itself, is not a new issue. However, the difference here is that these people never actually

performed these sexual acts. The user utilized an open-source face-swapping technology that

replaces one person’s face with another’s. Then a separate technology would be used to create a

synthetic voice based on the target individual’s actual voice (Somers, M. 2020).
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The algorithms and various components involved with creating deepfakes are very

complicated and require years of learning to thoroughly comprehend. For the purpose of a brief

understanding of the process, a simple breakdown will be provided from the business and tech

publication, Quartz. Neural networks are algorithms that mimic the pathways of the human brain.

The deep learning field includes deep neural networks, which are multiple neural networks that

are meant to decode complicated patterns of data. Autoencoding is used by these networks to

decipher images. Lastly, algorithms are trained through the introduction of data (Deepfakes,

2018).

Stakeholder Analysis

Stakeholder 1: Film and TV Production Companies (Pro-Deepfake)

Values. The values of production companies revolve around creation and output. The

ultimate goal is to release a product to the general public that generates views. These companies

look to be creative and ambitious in their pursuit of releasing content. This is intertwined with a

responsibility of quality production, constant innovation, and standard safety measures. There is

an unspoken agreement with their customers, who happen to be the general public, that these

values are incorporated with their releases.

Position. Production companies aim to use as many creative tools as they can. The

ultimate goal is to produce content. This would result in a very pro-deepfake stance. They see

deepfakes as a way to get the most out of the talent that performs in their shows, movies, and

commercials. This way the actor does not have to be present for what they are starring in. This

may even result in better storytelling, as the actor may have certain limitations that impacts the

on-screen picture. This also saves on heavy costs for the production companies.
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Claims. Production companies will use deepfakes as another form of distributable media.

It enables them to increase the output without increasing costs. Deepfakes have come about with

the sudden technological advances in the field of artificial intelligence. Therefore, these

companies would view themselves as foolish to not take advantage of them. Another example

would be a situation where an actor has died or is not available. In this case deepfakes can assist

production. This is a result of a claim to cause. This type of claim handles the causes and effects

of events.

Stakeholder 2: Film Unions (Anti-Deepfake)

Values. The main goals of film unions are to protect and represent their members.

Originally, the first film union, IATSE, was established in the late 1800s. Their purpose was to

establish minimum salaries, eight-hour workdays, and define exact rules as to how their

members would be treated (Gershon, L. 2021). These protections have only expanded with

technological advances. Name, image, and likeness must be protected in more ways. Authenticity

in art is also valued by artists. Legacy and recognition, which are highly valued in the arts, would

be diminished by deepfakes.

Position. Film unions do not believe that deepfakes have any place in our society. They

only serve to hurt reputations and steal jobs. It started with deepfake pornography, which hurt the

public image along with the emotional toll it took on the victim. Now it is a tool to make the

members of the unions obsolete by allowing production companies to use them to create new

media without their consent.

Claims. Film unions aim to protect their members as best as they can. The efforts in

place to obtain this goal involve a combination of claim of value and claim of policy. Claims of

value determine the morality of something and evaluates the decision based on a value system.
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The unions have a moral obligation to their members to not allow production companies to take

advantage of the deepfake technology. The claim of policy is very direct in the definition of what

a union’s purpose is. This is a directive of what actions and policies should be enacted in order to

solve a problem.

Argument Question

Should the film industry be allowed to use deepfakes in movies, television, commercials,

and any other methods of media?

Stakeholder Arguments

Stakeholder 1: Film and TV Production Companies

Production companies view this question through the lens of ethical relativism. The

ethical framework of relativism argues that there are no universal standards that are accepted by

everyone. Societies can have different opinions on the same issue. Therefore, there are no fixed

moral values. Relativism dates back to early Western philosophy. Protagoras of Abdera (c.490-

420 BC) is considered the “first overt champion of relativism”. Plato determined that in

Protagoras’s view of this framework, the same cause could result in differing opinions, neither

one being objectively right (Baghramian, M. & Carter, J. 2020). As this relates to the argument

question, who is to say that our society has deemed deepfakes to be morally objective?

Throughout history, the film industry has been constantly adapting and evolving to bring

audiences a better experience. What started with huge drawing boards turned into animations.

After that, CGI technology and green screens became the standard. Deepfakes continue the

technological advancements that are happening in the film industry. The same ethical relativism

that is being applied now to argue against deepfakes was used to argue previous growth and

improvements.
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There are benefits beyond cost-cutting and evolution which also fall under relativism.

What would happen if during a movie shoot an actor died, or suddenly lost his ability to

perform? Deepfakes would allow a production company to continue making the movie, which

benefits the consumer, production company, and the actor’s legacy. This expands upon the idea

that today’s society would be more aligned with the result of a better product. Especially now,

classic movies are commonly being remade or added on. Deepfakes would, with permission

from their estate, give deceased actors new life and introduce them to a new generation

(Westerlund, M. 2019).

The best course of action for production companies is to responsibly obtain permission

from the talent they want to make deepfakes of. This will eliminate any confusion of malicious

intent by the studios. Furthermore, a connection would need to be made with the audience when

deepfakes are being used. This transparency will help to gain the audience’s trust and provide

good publicity for the studios.

Production companies have much to gain in this situation. The financial bottom-line of

these companies is always at the forefront of any decision being made. The use of deepfakes

results in lower costs of talent labor. In addition, this will also allow for greater production of

content. This can also include the use of deepfake technology for overdubbing in multiple

languages. This results not only in greater profits but provides diverse audiences a better chance

to enjoy media (Westerlund, M. 2019). On the flip side, there is also much to lose. Not being able

to take advantage of deepfake technology would put a hold on progress. Furthermore, if they

were to still try and go around a legal ruling or agreement, trouble could spill. If they are not

transparent with their audience, a loss of trust will occur. This can be devastating, especially for

shows that rely on diehard audiences to tune in. Potential legal trouble is also a possibility. Legal
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costs are high, and settlements can be even worse for production companies. A concentration on

acting within the legal boundaries while dealing with deepfakes will be paramount.

Stakeholder 2: Film Unions

Film unions view this question through the lens of care ethics. According to Maureen

Sander-Staudt from the Peer-Reviewed Academic Resource, Internet Encyclopedia of

Philosophy, the ethical framework of care ethics says that one has an obligation to care for those

that they have a close relationship with over other people. The act that the person performs is

judged by the degree to which it benefits the people who are close to that person. The purpose of

this framework is often referred to as a motivating factor to care for those who are dependent on

others (Sander-Staudt, M. n.d.). While we do not immediately think of actors as being lowly

dependents, without a union in the film industry one can easily and swiftly be taken advantage

of. Care ethics were originally found in feminist philosophers’ writings in the early 1980s.

Notably, authors Carol Gilligan and Nel Noddings were the ones to first articulate the idea

(Sander-Staudt, M. n.d.).

The goals of film unions are to protect the rights and interests of its members. This falls

under care ethics as the unions have a close and important relationship with its members. When

production companies try and undermine actors’ ability to work, a trust is broken. This is

important because the film industry is relationship based. There are also major concerns about

the use of deepfakes lowering or even eliminating jobs for actors. Although the following people

are well-off, there have already been promotional campaigns involving deepfakes of Tom Cruise,

Leonardo DiCaprio, and Elon Musk. It is important to note that these people never agreed to

work with the companies who used their likeness (Coffee, P. 2022). In fact, recent strikes that are

currently ongoing are fighting against the use of any artificial intelligence in the film industry.
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The film unions, SAG-AFTRA (The Screen Actors Guild-American Federation of Television and

Radio Artists) and the Writers Guild of America, want guarantees from film studios regarding

artificial intelligence before the technology continues growing throughout the industry

(Lehewych, D. 2023). These efforts of gaining protection fall under the pretense of care ethics as

the unions are performing their main goal of protecting their members.

The best course of action now is to push for laws and heavy regulations that limit the use

of deepfakes in the film industry. As of now, there are no federal laws regarding deepfake

technology. While some legislation has been passed in states like Texas, California, Georgia,

Virginia, and New York, the laws in these states only apply to political and pornographic uses, so

the film industry still does not have many regulatory hoops it has to jump through (Quirk, C.

2023). Transparency in the contracts between the production companies and the actors is

important as well. These will detail how, why, and when deepfakes will be used.

There is much to gain for the film unions if they can succeed in slowing down or

stopping deepfakes from entering the industry. It shows enormous support to the members of the

union and would go a long way in building trust. For the members themselves, it offers

meaningful job protection, knowing that the threat of replacement has been diminished. The

losses may not be sudden, but gradually felt over time. This technology is constantly evolving,

and if the unions were to fail now, there could be potential harm to the careers of their members.

It would also be a publicity nightmare, as it shows resistance to technological advancements and

limits the creation of a consumer product.

Student Position

The issue of deepfakes involves multiple layers of complexity. In my opinion, using

deepfakes is an ideal scenario if actor’s livelihoods were not being threatened. Regarding
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deepfakes as a complete issue, I think laws should be legislated clarifying the creation and

distribution of malicious content. This would include misinformation, revenge pornography, and

anything posing a national threat, among other malicious uses. With this being said, I do think

deepfakes offer great potential in entertainment media and I would support its use.

I do understand the concerns of the film unions, but they are utilizing care ethics.

Personally, I am not close with the unions, its members, or anyone in that position. I identify

more closely with the consumer and the companies that distribute and manufacture media. The

many benefits of deepfakes that the production companies argue in favor of make sense to me. I

already enjoy watching, admittedly silly, videos on YouTube that use deepfakes. One example of

this is former presidents playing Minecraft, a sandbox video game, with each other. I see

potential for this technology to have meaningful impacts beyond this.

My recommendation to accommodate both sides would be to agree on terms that

deepfakes could be used, but only if there was full consent by the actor. This agreement would

include adequate compensation for the actor, as if they were actually starring in the movie. The

film industry has always paid actors for their work. Assuming there would be no loss of profit

from releasing deepfakes over real acting, the actor should not financially suffer. If both parties

can find these terms amenable, then I believe that tremendous achievements can be

accomplished.
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References

Baghramian, M., & Carter, J. A. (2020, September 15). Relativism. Stanford Encyclopedia of

Philosophy. https://plato.stanford.edu/entries/relativism/#BriHisOldIde

Coffee, P. (2022, October 25). “Deepfakes” of Celebrities Have Begun Appearing in Ads, With

or Without Their Permission. The Wall Street Journal.

https://www.wsj.com/articles/deepfakes-of-celebrities-have-begun-appearing-in-ads-

with-or-without-their-permission-11666692003

Deepfakes. (2018, August 9). Quartz.

https://qz.com/emails/quartz-obsession/1352306/deepfakes

Gershon, L. (2021, October 4). How Show Business Went Union. JSTOR Daily.

https://daily.jstor.org/how-show-business-went-union/

Lehewych, D. (2023, June 1). AI deepfakes fuel the Flames of debate among Hollywood stars.

Interesting Engineering. https://interestingengineering.com/culture/ai-deepfakes-fuel-the-

flames-of-debate-among-hollywood-stars

Quirk, C. (2023, June 19). The High Stakes of Deepfakes: The Growing Necessity of Federal

Legislation to Regulate This Rapidly Evolving Technology. Princeton Legal Journal.

https://legaljournal.princeton.edu/the-high-stakes-of-deepfakes-the-growing-necessity-of-

federal-legislation-to-regulate-this-rapidly-evolving-technology/

Sander-Staudt, M. (n.d.). Care Ethics. Internet Encyclopedia of Philosophy.

https://iep.utm.edu/care-ethics/#H1

Somers, M. (2020, July 21). Deepfakes, explained. MIT Sloan. https://mitsloan.mit.edu/ideas-

made-to-matter/deepfakes-explained
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Westerlund, M. (2019, November). The Emergence of Deepfake Technology: A Review.

Technology Innovation Management Review.

https://timreview.ca/sites/default/files/article_PDF/TIMReview_November2019%20-

%20D%20-%20Final.pdf