Italy faces legal challenges regarding AI-generated digital evidence

The rise of AI-generated deepfakes is creating new challenges for the legal system regarding the authenticity of digital evidence. In Italy, the debate centers on how to prove that messages, such as those from WhatsApp, are artificial fabrications rather than genuine communications.

Under Article 2712 of the Italian Civil Code, photographic, computer, or cinematographic reproductions serve as full proof of facts unless the party against whom they are produced disputes them. Consequently, legal precedents suggest that mere suspicion of AI manipulation is insufficient to invalidate digital evidence; a party must provide concrete arguments or technical proof to successfully contest a digital record in court.