AI, Deepfakes, and the Right to Your Digital Selves
by Thulasy Suppiah, Managing Partner

As societies globally grapple with the disturbing rise of AI-generated deepfakes, a challenge highlighted by recent incidents abroad and here in Malaysia, Denmark has just proposed a groundbreaking solution that demands our attention. The Danish government plans to amend its copyright law to give every individual the right to their own body, facial features, and voice. This is a profound and necessary step in protecting human identity in the digital age.
For too long, the debate around deepfakes has been framed primarily as an issue of privacy or harassment, often placing a heavy burden on victims to prove harm after their likeness has been violated and spread across the internet. This new approach fundamentally shifts the paradigm. By treating a person’s identity—their face, their voice—as a form of personal intellectual property, it grants them a clear right of ownership.
This is not merely a subtle legal change; it is a game-changer. It means a victim would no longer need to prove reputational damage or malicious intent, which can be difficult and retraumatising. Instead, the case becomes a simpler one of unauthorised use of their “property.” This empowers the individual with a powerful legal shield and a direct path to demand removal of content and seek compensation.
Crucially, such a framework also establishes clear accountability for the tech platforms where this content proliferates. By outlining significant consequences for non-compliance, it sets clear legal and financial expectations for social media and messaging companies. This effectively transitions the responsibility from a reactive content moderation process to a proactive legal obligation, creating a clear imperative for them to prioritise the swift handling of non-consensual deepfakes.
While our authorities are rightly using existing laws like the Communications and Multimedia Act to prosecute perpetrators, these are often reactive measures. The kind of proactive governance being proposed in Denmark anticipates the inevitable misuse of rapidly advancing AI and creates a robust defence before the next wave of more realistic and accessible deepfake tools becomes available. It’s an attempt to legislate for the world we are entering, not the one we are leaving behind.
Of course, any such law must include exceptions for satire and parody to protect free expression. But the core principle remains: your digital likeness belongs to you.
As Malaysia continues its journey into the digital economy, we must consider if our own legal frameworks are truly fit for the AI era. The Danish model offers a compelling vision for how to restore digital autonomy and protect the dignity of our citizens. It sends an unequivocal message that a person cannot simply be run through a digital copy machine for any purpose, malicious or otherwise, without their consent. It is a thought-provoking and essential conversation we need to have now.
© 2025 Suppiah & Partners. All rights reserved. The contents of this newsletter are intended for informational purposes only and do not constitute legal advice.
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