Lights, Camera, and… Algorithm?! Rewriting the Regulatory Script of Artificial Intelligence in the Peruvian Audiovisual Industry

Abstract

The Fourth Industrial Revolution has brought about a broad and democratic use of the internet and, more recently, of artificial intelligence. However, in a virtual environment where anonymity is the norm and AI tools are easily accessible, the rights to one’s image and voice are increasingly at risk. Thus, various sectors of the market have undergone major transformations driven by AI, and the audiovisual industry… is no exception. Cases such as the strikes led by actors and screenwriters in the United States during 2023, the digital recreation of deceased actors’ faces, the dissemination of sexually explicit videos through deepfakes, or the non-consensual reproduction of dubbing actors’ voices are only brief examples of a long history of violations of fundamental rights and, above all, of human dignity.

In this sense, this research article examines the evolution of the audiovisual industry, from its traditional forms to the digital tools that have now redefined its dynamics. At the same time, it describes how AI has gained ground, highlighting its virtues while also acknowledging the threats it poses to the fundamental rights of those who make up the audiovisual ecosystem. Moreover, the study analyses the protection granted to these rights under the Peruvian Constitution, the Civil Code, the Copyright Law, and the Personal Data Protection Law. All of this aims to outline a new regulatory script for administrative proceedings arising from violations of image and voice rights, incorporating criteria for how such cases may be addressed by the competent authorities within the national territory.