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Attorney Michelle May O'Neil, Senior Shareholder at OWLawyers®, was recently featured in a Fox Business article discussing the growing impact of artificial intelligence (AI) and deepfakes on divorce and custody cases. The piece highlights how AI-generated videos, images, and documents influence legal proceedings in new and unanticipated ways.
Ms. O'Neil explains that deepfakes are becoming more prevalent in family law cases, with fabricated videos and photos sometimes presented as evidence. One trend involves fake explicit images intended to damage reputations or sway custody battles.
AI deepfakes also create financial burdens. Ms. O'Neil points out that disputing falsified evidence requires hiring forensic experts to analyze its authenticity. The expense can disproportionately affect economically disadvantaged individuals.
The judicial system's integrity is at risk with the rise of generative AI and deepfakes, as these technologies make it harder to determine truth from falsehoods. In child custody disputes, for instance, a well-crafted deepfake alleging abuse could impact a case, where judges must decide whether to trust digital evidence or personal testimony. The surge in deepfake-related cases forces judges to be increasingly cautious, many of whom are now receiving training on identifying manipulated media.
As a seasoned family law attorney, Ms. O'Neil is on high alert when evaluating evidence from her clients. She emphasizes the importance of questioning where evidence comes from and how the client obtained it.
While some AI-generated content is still low-quality and easy to spot, Ms. O'Neil cautions that with rapid technological advancements, soon it may be nearly impossible to tell real from fake. As AI tools become more sophisticated, the legal field must stay vigilant to protect individuals' rights and uphold the courts' credibility.