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Lui, A 
ORCID: 0000-0003-2463-5177 and Miglionico, A
AI Generated Deepfake Financial Scams: A Missing Liability Regime For Consumer Protection Frameworks.
Asian Journal of Comparative Law.
ISSN 2194-6078
(Accepted)
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Abstract
Generative artificial intelligence (GenAI) outputs such as deepfakes can be useful in creating realistic simulations in education, news reporting, and the arts. However, the emergence of malicious deepfake scams has raised concerns about the quality and reliability of information provided to social media users. This article argues that a liability regime for deepfakes is missing in the consumer protection frameworks. It posits that regulatory interventions do not explicitly target GenAI software developers and online social media platforms, which are required to implement appropriate risk management safeguards to prevent unlawful activities. We contend that a shared liability regime for deepfakes between multiple actors involved could offer suitable protection for victims of online financial frauds and would target the beginning of the deepfake supply chain. The shared liability regime is complemented with the UK Financial Conduct Authority’s consumer duty rule, which acts as a preventive monitoring action and enforcement mechanism to avoid foreseeable harm to customers in AI applications.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | 1801 Law; 4803 International and comparative law; 4804 Law in context; 4807 Public law |
| Subjects: | K Law > K Law (General) Q Science > QA Mathematics > QA76 Computer software |
| Divisions: | Law and Justice Studies |
| Publisher: | Cambridge University Press |
| Date of acceptance: | 2 February 2026 |
| Date of first compliant Open Access: | 22 April 2026 |
| Date Deposited: | 22 Apr 2026 13:56 |
| Last Modified: | 22 Apr 2026 13:56 |
| URI: | https://researchonline.ljmu.ac.uk/id/eprint/28423 |
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