'Clearly me': AI drama accused of stealing faces
Hong Kong (AFP) – Christine Li, a model and influencer, found herself at the center of a controversy when she discovered her likeness being used without consent in a Chinese microdrama titled “The Peach Blossom Hairpin.” The 26-year-old expressed feelings of bewilderment, anger, and fear upon seeing herself portrayed as a cruel character in the AI-generated series.
The Incident
Li, who resides in Hangzhou, China, plans to take legal action against the creators of the drama and the platform hosting it, highlighting the emerging legal and regulatory challenges posed by artificial intelligence. “I was genuinely shocked. It was clearly me,” Li stated, noting that the character bore a strong resemblance to her based on a specific set of photos she had posted on social media two years prior.
The microdrama, which is part of a popular genre of ultra-short online soap operas, quickly gained traction on Hongguo, a major microdrama app owned by ByteDance, the parent company of TikTok. As of October 2023, Hongguo boasted approximately 245 million monthly active users, according to Wenwen Han, president of the Short Drama Alliance.
Public Reaction
Li’s fans alerted her to the series, leading to her horror as she discovered her digital twin engaging in violent and cruel behavior, including slapping women and mistreating animals. “I also felt a deep fear. I kept wondering what kind of person would do something like this,” she remarked.
Another individual, a stylist known by the pseudonym Baicai, also reported being portrayed as Li’s AI husband in the same series. He expressed concern over the negative impact this portrayal could have on his career, particularly given the “ugly” depiction of his likeness as a “sleazy” antagonist.
The Nature of Microdramas
Microdramas, which typically feature episodes lasting only two to three minutes, are designed to captivate audiences with shocking and larger-than-life moments. The rapid consumption of content on platforms like Hongguo has made them immensely popular, but it has also raised ethical concerns regarding the use of AI in content creation.
Legal Implications
Chinese regulations stipulate that platforms must act as the primary checkpoint for potentially harmful content, particularly in low-budget AI microdramas. If platforms fail to conduct mandatory content reviews, they risk having the videos forcibly taken down by authorities. According to Zhao Zhanling, a partner at Beijing Javy Law Firm, if platforms are aware of any infringement but do not act, affected parties can alert China’s cyberspace authorities, which may impose administrative penalties.
In a statement released in early April, Hongguo acknowledged the violation of platform rules and contractual obligations by the producers and subsequently removed the series. However, the controversy continued as the characters in question were quietly replaced, allowing the show to remain available for several days after public outcry.
Challenges in Legal Redress
Li and Baicai are seeking more information from Hongguo to identify the creators of the drama, with two companies emerging as potential candidates. One is associated with a verified account on the Chinese version of TikTok, while the other is listed as the drama’s producer in an official Chinese filing system. Attempts to contact both firms for comment have gone unanswered.
While using AI to reduce production costs may be appealing in the rapidly growing microdrama market, the unauthorized use of someone’s likeness in a derogatory manner could infringe on both portrait rights and reputation rights. Li’s lawyer, Yijie Zhao, from Henan Huailv Law Firm, emphasized that the situation raises significant legal questions.
Regulatory Developments
New regulations in China require microdrama creators to obtain a license, with this requirement recently extended to AI-generated animations. However, some producers may evade these regulations by registering temporary companies or using overseas servers to obscure their identities.
In a notable case from 2024, a Beijing court ordered a company to apologize and pay compensation to a celebrity after its AI software allowed users to create a virtual persona using the celebrity’s photos and name. However, legal experts caution that compensation for individuals like Li may be limited due to the relatively low commercial value of an ordinary likeness.
Impact on Careers and Future Opportunities
Li has expressed concerns that the controversy surrounding the AI drama could adversely affect her modeling career, as she now feels “associated with controversy.” Baicai, while not pursuing legal action at this time, hopes for stronger regulatory measures to protect individuals from similar situations in the future.
“There are probably plenty of cases with unknown victims,” he remarked, highlighting the broader implications of AI technology in the entertainment industry.
Conclusion
The controversy surrounding “The Peach Blossom Hairpin” underscores the urgent need for clearer regulations and ethical guidelines regarding the use of AI in creative fields. As technology continues to advance, it is crucial to protect individuals’ rights and ensure that their likenesses are not exploited without consent.
Note: The information presented in this article is based on reports and statements available as of October 2023.
