Deepfakes—deceptively realistic image, video, and audio content generated by artificial intelligence (AI)—are no longer a marginal phenomenon. Those affected are not only public figures but also increasingly private individuals, predominantly women. Beyond the currently debated classification under German criminal law, the phenomenon also merits examination from an employment law perspective, as the misuse of AI does not stop at the factory gates.
Quick Hits
In the workplace context, various scenarios are conceivable: the creation of deepfakes with sexual or degrading content depicting colleagues (whether using company or private IT infrastructure), deepfakes targeting supervisors to damage their reputation, and the use of deepfakes to manipulate business operations—for example, through forged instructions in audio or video form.
For those affected, such content can have severe personal and professional consequences—ranging from psychological...
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