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Home / Legal / AI, deepfakes and the burden of proof for digital evidence in litigation
AI, deepfakes and the burden of proof for digital evidence in litigation

AI, deepfakes and the burden of proof for digital evidence in litigation

2025-11-05  Per Henrikson

The reverse problem is equally problematic. Parties facing damaging but authentic evidence can deploy the ‘deepfake defence’ to manufacture doubt where none should exist. Recordings that would have been devastating in the past may now be called into question with a bare allegation of manipulation, forcing the tendering party to prove the authenticity of such recordings or a court to dismiss the evidence. In the Tesla case, the court ordered the deposition of Musk which, of course, would delay the conclusion of proceedings. Courts face an unenviable task: having enough scepticism to guard against sophisticated fakes, but not so much that every video becomes presumptively suspect. Get it wrong either way and the consequences could be serious.


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