YEAR 2025 No 1

ISSN 2182-9845

Analysis of the personality rights of minors in Spain and Portugal in light of potential violations arising from the use of deepfakes

María del Pilar Mesa Torres

Keywords

Deepfakes; Personality rights; Minors; Artificial intelligence; Digital law; Fundamental rights.

Abstract

This study conducts a comparative analysis of the regulatory framework for personality rights in Spain and Portugal in light of potential violations stemming from the use of deepfakes, a type of artificial intelligence technology that enables the creation of manipulated audiovisual content —such as images, videos, and audio—that appears authentic but is, in fact, falsified. This technology poses substantial risks, particularly for minors, who increasingly have access to tools that facilitate the creation and dissemination of such content. The ease of access to applications capable of generating false materials represents a serious threat to the protection of fundamental rights, including honor, privacy, and personal image. Although the General Data Protection Regulation (GDPR) establishes minimum ages for providing digital consent, in practice, age verification on digital platforms is often ineffective, exposing children and adolescents to the harmful effects of deepfakes, which can severely impact the reputation and dignity of victims, causing significant moral and psychological harm.

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