“Deepfake” Technologies and Legal Protection Against Them Under Bulgarian Criminal Law

With the rise of artificial intelligence technologies, new challenges emerge for the legal system. One of the most serious phenomena is “deepfake” – technology that uses neural networks to create fake but highly realistic audio-visual materials in which a person’s face or voice is manipulated to appear as if they are saying or doing something they never did.

This phenomenon raises numerous legal, ethical, and social risks – from defamation, invasion of privacy, and damage to reputation, to political manipulation, fraud, and digital forms of sexual violence. It is therefore important to examine whether and how Bulgarian law – in particular the Criminal Code – can provide adequate protection.

1. What is “deepfake”?
The term derives from “deep learning” and “fake.” With specialized software and algorithms, videos and audio are generated that simulate the actions or speech of real people.

2. Which rights are affected by deepfake?

• right to private and family life (Art. 32 Constitution, Art. 8 ECHR);

• right to dignity, honor, and reputation;

• right to personal integrity and control over one’s image and voice;

• protection from discrimination and harassment;

• in some cases – freedom of expression when used in misleading propaganda.

3. Criminal law protection in Bulgaria

• Art. 147 CC – Defamation: when deepfake attributes defamatory statements or crimes.

• Art. 159 CC – Use of image without consent: for pornographic deepfake content.

• Arts. 319a–319g CC – Computer crimes: when deepfake creation involves unlawful access to data or accounts.

4. Civil and administrative remedies:

• compensation for non-material damages (Art. 45 Obligations and Contracts Act);

• complaint to the Commission for Personal Data Protection;

• reports to platforms (YouTube, Facebook) to remove content;

• protective measures in case of threats.

5. Challenges for the law
Deepfake technology highlights the gap between legislation and technological progress. The lack of an explicit offense requires broad interpretation of existing provisions, but also calls for legislative initiatives for clearer regulation.

If you or a relative are a victim of “deepfake,” it is best to consult a criminal law attorney. This article does not constitute legal advice or opinion from Atty. Mihail Tomov.