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United States
The federal evidence rules committee has drafted a rule for suspected deepfakes, noting that anyone can now make one cheaply. It is not adopted yet, and a 2026 survey found only about 2% of federal judges had faced a deepfake challenge so far. The direction is clear: when an image is credibly challenged, the party relying on it will have to do more to prove it is authentic.
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England and Wales
Official guidance to judges warns that AI tools are being used to produce fake text, images and video. In 2023 an employment tribunal found WhatsApp screenshots had been deliberately faked, and treated that party's evidence with considerable suspicion.
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European Union
Europol's report on deepfakes notes that courts usually trust audio-visual evidence, lists falsifying electronic evidence as a criminal use of the technology, and calls for a clear chain of custody for digital evidence.
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The source matters
As early as 2011 Maryland's highest court reversed a conviction because social media printouts were not authenticated, and pointed to obtaining the information from the site itself. In 2025 a California court dismissed a case after finding that video and image exhibits were AI-generated.