The Canadian Digital Regulators Forum reached a major milestone in its second year of collaboration with the release of a paper exploring the impact of synthetic media - artificially generated images, video, text, or audio content, which includes deepfakes - on Canadians and Canadian organizations.
The paper, titled "Synthetic media in the digital landscape," provides an overview of:
- the global regulatory landscape as it pertains to content that is produced using artificial intelligence (AI) or other automated technologies; and,
- key considerations for individuals and organizations as the technology develops.
The document summarizes the benefits and drawbacks of synthetic media through the lens of each member's mandate -communications and broadcasting, competition, copyright, and privacy:
- The Canadian Radio-television and Telecommunications Commission (CRTC) explores how synthetic media provides new tools to Canadian creators to generate audio-visual and audio content and potentially reduce costs and increase accessibility. However, transparency in its adoption is required to continue to support the creative industries that contribute to the cultural vibrancy and diversity of Canada.
- The Competition Bureau Canada looks at how the use of deepfakes to mislead and deceive the public may violate the Competition Act's deceptive marketing practices and Canada's Anti-Spam Legislation provisions. As consumers face growing difficulty differentiating between synthetic and non-synthetic content, the Competition Bureau discusses how labelling is being studied as a strategy to address this issue. The Competition Bureau also presents an overview of three considerations for the development of synthetic media labels.
- The Copyright Board of Canada delves into the rise in the creation and dissemination of generative AI content and how this is bringing new copyright considerations to the fore, such as authorship and fair remuneration. The Board looks at the policy and regulatory responses at the national and international levels.
- The Office of the Privacy Commissioner of Canada (OPC) focuses on the ways in which personal information may be used in the creation of synthetic media, such as deepfakes, which often rely on personal information to replicate images accurately. The OPC also examines whether synthetic media outputs may be considered personal information under Canadian privacy law and affirms that any use of personal information in the creation of synthetic media is subject to requirements under Canada's federal private sector privacy law.
Other highlights
The Chair of the Forum rotates between members. Privacy Commissioner of Canada Philippe Dufresne served as Chair during Year Two, and officially transferred duties to CRTC Chairperson and Chief Executive Officer Vicky Eatrides in the spring.
Priorities for Year Three include strengthening collaboration by hosting a workshop for stakeholders, and publishing a series of articles related to developments in digital markets.
The Forum also published a report outlining its Year Two accomplishments and Year Three priorities:
- Members spoke at various national and international events, including the International Association of Privacy Professionals' Canadian Privacy Symposium and the Canadian Competition Summit hosted by the Competition Bureau.
- Commissioner Dufresne shared remarks on synthetic media and deceptive design patterns during an event hosted by the International Network for Digital Regulation Cooperation (INDRC) and the Organisation for Economic Co-operation and Development (OECD).
