Irish presidential deepfake row raises need for better persona protection rights

Catherine Connolly has lodged a complaint with the Electoral Commission in Ireland after a deepfake video was posted to social media platforms on Tuesday, presenting a mock RTE interview where she appeared to quit the race. It had been watched more than 30,000 times before being removed.

But while Ireland’s media regulator said it has reminded social media platforms of their responsibilities to deal with fake posts during the presidential campaign, Jane Bourke, an IP expert with Pinsent Masons in Dublin, said bringing any meaningful action is a challenge under current Irish law.

“To challenge a deepfake under current Irish law, one must rely on a patchwork of rights, such as defamation if the content damages reputation, privacy if it intrudes on their private life, passing off if it falsely implies endorsement or copyright if the individual owns the source material, which is rare,” she said.

“However, none of these offer comprehensive protection for the persona itself - the voice, image, and likeness that define an individual’s identity. Establishing a personality right in Ireland would require legislative recognition of these attributes as protectable interests, akin to intellectual property, and enforceable regardless of ownership of the original media.” 

“The Protection of Voice and Image Bill 2025 is a step in that direction. Whether it gains traction remains to be seen, but the Connolly case may well be the catalyst that pushes this conversation into the public and political spotlight.”

The timing of the incident comes as the Irish election takes place in the shadow of the EU Digital Services Act, and the implementation of new European regulations designed to make political advertising during campaigns more transparent.

The Galway West independent TD currently has a significant lead over Fine Gael’s Heather Humphreys ahead of Friday’s presidential election and is favourite to replace the incumbent, Michael D Higgins.

She said in a statement: “The video is a fabrication. It is a disgraceful attempt to mislead voters and undermine our democracy.”