The group examines the impact of new technologies, digital networks and disinformation on the commission, legal classification and prosecution of violent, terrorist and international crimes. Its research also addresses the challenges associated with digital evidence, as well as the protection and rights of victims.
The democratisation of generative artificial intelligence tools has profoundly transformed the production of synthetic content. Images, voices and videos capable of convincingly reproducing a person’s appearance or statements can now be created at low cost and without advanced technical expertise. Such content can then be disseminated instantly and on a large scale through digital platforms. Legal responses remain limited and insufficient. The European Union, notably through the AI Act, imposes certain transparency obligations in relation to generated or manipulated content. Switzerland has not yet adopted legislation specifically addressing deepfakes, although several criminal-law provisions may already apply and new initiatives seek to strengthen the obligations imposed on platforms.
The first strand examines deepfakes as the object of criminal offences or as a means of committing them. It considers how existing criminal-law classifications apply to their creation, use and dissemination. The analysis covers, in particular, offences against identity, honour and sexual integrity, as well as fraud, blackmail, extortion and offences against computer systems. The project also addresses the attribution of criminal liability where several actors are involved in designing, providing or circulating the content.
The second strand places the analysis within the fields of international criminal law and international humanitarian law. It examines the circumstances in which manipulated synthetic content may contribute to genocide, a war crime or a crime against humanity. A deepfake may be used to incite violence, portray a group as a threat, justify reprisals, facilitate an operation or conceal crimes. The analysis focuses on modes of liability, the connection between the digital conduct and the principal crime, and the establishment of mens rea. Particular attention is paid to proving specific intent, knowledge of the criminal context and the purpose pursued by the perpetrator.
The third strand concerns digital evidence. An image, video or recording submitted in criminal proceedings may now have been entirely fabricated or substantially altered. Conversely, the existence of deepfakes may be invoked to cast doubt on authentic material and artificially create uncertainty. The project examines the evidential value of digital content, authentication methods, the chain of custody, metadata and the use of forensic expertise. It also analyses the implications of these difficulties for the free assessment of evidence, the presumption of innocence and the principle of in dubio pro reo.
The fourth strand focuses on victims’ rights and the assessment of harm. The harm caused by a deepfake does not end with its initial dissemination: it continues through copies, reposts and the reappearance of the content on other platforms. The anonymity of perpetrators, the foreign location of hosting providers and the speed of dissemination often make removal late or incomplete. The project therefore examines material, non-material, reputational and psychological harm, as well as the difficulties surrounding causation and the quantification of damage. Finally, it considers mechanisms of intervention, protection and reparation in a digital environment in which the complete removal of content can rarely be guaranteed.
Book Chapters
- Deepfakes et crimes internationaux : Réflexions sur la qualification de l’usage de contenus hypertruqués au regard du Statut de Rome, Thierry Godel and Ana Carla Farrèr Gonçalves, Submitted
Journal Articles (In Preparation)
- Deepfakes, criminal intent and participation in international crimes, Thierry Godel and Ana Carla Farrèr Gonçalves, In preparation
- Le droit pénal suisse face aux faux, Thierry Godel, In preparation
- L’évaluation du dommage causés aux victimes de deepfakes, Thierry Godel and Nicolas Bloque, In preparation
Colloquia & Conferences
- Webinaires interdisciplinaires du 18 juin 2026, https://unidistance.ch/evenement/webinaires-interdisciplinaires-de-droit-penal
- Journée Valaisanne de droit pénal du 19 juin 2026 « Le droit pénal à l’ère des deepfakes », https://unidistance.ch/droit/evenement/journee-valaisanne-de-droit-penal-2026
- Les deepfakes : aspects choisis de droit pénal et procédure pénale, Thierry Godel and Nicolas Bloque, Conference presentation (60 min), Journée valaisanne de droit pénal, 19 juin 2026
