FEDERAL RULES OF EVIDENCE IN THE UNITED STATES OF AMERICA AND THE CHALLENGES OF AUTHENTICATION IN THE AGE OF DEEPFAKE TECHNOLOGY

ABSTRACT

Technology has deeply impacted society and how activities are conducted. This is not different from the development of deepfake technology. Deepfake is of serious concern to the public generally, but more particularly, it is of grave concern to the admission of evidence at trial. This paper espouses deepfake technology’s inherent challenges to the Federal Rules of Evidence in the United States. As the use of this technology and its dangerous tendencies expands, it continues to bear on its multiplier effects in the judicial system concerning the authenticity of pieces of evidence in the courtroom. The paper argues that in the wake of this unprecedented development of deepfake technology, capable of manipulating evidence and misleading the courts, courts must deploy extra measures to ensure that evidence presented before it is the original. Thus, the paper proposes measures that courts may implement to address the challenges of deepfake.

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UNILAG Law Review, (2024) Volume 7 Edition 1.