Ethical and legal implications of using deepfakes in commercials: analysis of the Volkswagen Brazil case and the possibilities of blockchain

The increasingly sophisticated quality of deepfakes makes it difficult for the public to distinguish between real and manipulated content, raising serious ethical and legal questions. This paper explores the ethical and legal complexities of using deepfake technology by analyzing the Volkswagen Brazil advertising case, which recreated the image of the late 80’s Brazilian popular music singer Elis Regina. Based on the decision of the Brazilian National Council for Advertising Self-Regulation (CONAR), the paper discusses the challenges advertisers face when integrating advanced technologies into marketing activities, while accounting for the perspectives of different stakeholders, including heirs of the artists, on consent for the use of posthumous images. The findings indicate a pressing need for more straightforward, comprehensive ethical and legal guidelines that address both explicit consent and the social and cultural impacts of AI use in advertising, especially for vulnerable audiences. The study underscores the importance of coordinated regulation adapted to the complexities of emerging technologies such as deepfakes, highlighting the nascent stage of current laws and regulations and the need for an approach that encompasses legal, social, and cultural aspects. As a potential technological solution, this study highlights the use of blockchain technology to address these issues.