Intervención del Estado colombiano frente al uso ilícito de inteligencia artificial y su impacto en el derecho humano a la propia imagen. Análisis comparado entre Colombia y Brasil

Abstract

This reflective article studies the legal and jurisprudential framework of the human right to one's own image and the protection of personal identity in Colombia and Brazil. These rights are currently threatened by the malicious or illicit use of artificial intelligence (AI). It emphasizes that these threats have increased significantly in these two societies, especially the falsification of personal identity through so-called deepfakes and sexual deepfakes. These methods disproportionately affect women and girls as victims, establishing themselves as another form of gender-based violence perpetrated through the use of new technologies. The article describes the illicit use of AI, outlines its main forms, and examines the impact of this technology on the commission of criminal offenses in Colombia and Brazil. It also analyzes the legal interventions in both countries regarding the protection of the right to one's own image against the illicit use of AI. Finally, it examines the state of regulations concerning sexual deepfakes in Colombia and Brazil. With a clearer picture, proposals were made to address existing legal gaps, such as implementing aggravated penalties for criminal conduct in general and for identity theft committed using AI. Ultimately, it was concluded that both Colombia and Brazil have regulatory gaps and that currently, despite well-intentioned bills, any criminalization of these phenomena must be based on pre-existing offenses.