Prosecutors indict teenager for possession and distribution of deepfake image

Prosecutors announced Tuesday that they have indicted a teenager for possessing and sharing a deepfake photo as Korea intensifies its efforts to combat the rise of deepfake sex crimes.

In an image generated by ChatGPT, anonymous users are depicted using Telegram. [CHATGPT]

Prosecutors announced Tuesday that they have indicted a teenager for possessing and sharing a deepfake photo as Korea intensifies its efforts to combat the rise of deepfake sex crimes.

According to the Incheon District Prosecutors’ Office, the high school student was indicted without detention last Friday for possessing and distributing child exploitation content. He is accused of sharing a deepfake photo that synthesized a teenage girl's face onto a nude body — which he received from an unidentified man online — and sending the photo to the victim's friend last December.

The victim and the perpetrator did not know each other, according to prosecutors.

The victim reported the case to the police after receiving the photo from an anonymous source via X, formerly known as Twitter. Police are still searching for the anonymous source.

Initially, the Incheon police referred the case to prosecutors, charging the perpetrator with violating the Special Cases Concerning the Punishment of Sexual Crimes Act — without classifying the photo as child sexual exploitation material. However, prosecutors later added charges under the Protection of Children and Youth Against Sexual Offenses Act, concluding that the distributed content constituted child sexual exploitation material.

Prosecutors said that the photo explicitly showed that the victim was a juvenile and caused shame by exposing private body parts.

Those convicted of possessing child sexual exploitation material can serve at least one year in prison, while distribution carries a minimum sentence of three years. Such penalties are significantly harsher than those under the Special Cases Concerning the Punishment of Sexual Crimes Act, which warrants up to five years in prison or fines of up to 50 million won ($37,000) for distributing synthesized sexual content.

According to the National Police Agency's data shared by liberal Democratic Party (DP) Rep. Yang Bu-nam’s office, nearly 60 percent of deepfake sex crime victims over the past three years were underage. Out of 527 deepfake sex crime victims from 2021 to 2023, 315 were teenagers, data showed.

During a five-day crackdown last week, a total of 118 reports regarding deepfake content have been made to the police. Seven of the perpetrators have been apprehended, of which six were teenagers. Police said they would continue their intensive crackdown through March next year.

The crackdown that began last week follows President Yoon Suk Yeol’s order to “eradicate” the issue.

The government also announced plans to establish new regulations that will penalize not only the possession and purchase of deepfake videos but also the viewing of material.

Both the DP and the conservative People Power Party said they would each establish a task force, which would respond to the issue promptly and draw up measures. The two leaders of the rival parties also agreed to jointly introduce measures to punish, prevent and restrict crimes related to deepfake content during their first official talks on Sunday.

BY LEE CHAN-KYU, CHO JUNG-WOO [cho.jungwoo1@joongang.co.kr]