Your face, voice, and personality – think before you post…

In our digital world an individual’s identity has become more vulnerable as well as highly valuable. Ever since the Cambridge Analytica scandal, many people have limited posting audio, video, and photographs of themselves online in case they are misused by others because, as a friend put it recently, ‘regardless of what we’re told, you can’t be entirely sure who or what will use your posts for their own purpose’. On the other hand, of course, putting podcasts, images, and videos of themselves online is part of their daily life for many people. If you work as an actor, a television presenter, an online influencer, or you are a leader in politics, government, or business, then your face, voice, and image are especially vulnerable to being used to create fake content for nefarious purposes (e.g. see here). Accordingly, there’s no surprise in reading recently that ~80 performers have written to the UK government demanding greater protection against their voices being used by AI. It isn’t, however, just performers that need this greater protection, it’s actually everyone.

Regardless of who you are, something posted online which includes your voice, face, and body image can be manipulated and monetised without you knowing or giving your permission. AI makes it straightforward to create realistic, fake, digital clones of you from audio clips, videos, and images posted online. Your identity could thus be misused, taken away from your control, and your digital clone could be used in scams and other criminality. Surely, therefore, your legal ownership of your voice, face, and body image is embodied as a single right in UK law? Well, no this isn’t the case. Instead, UK law provides a mix of protections for the individual under privacy, intellectual property rights, and a number of other laws. There’s no dedicated legal framework for individuals to control the use of their voice, face, or body image, which makes it challenging and hugely expensive to protect against unauthorised exploitation.

This feels to the Badger like another illustration that the law always hugely lags rapidly advancing digital technology enabling companies to play fast and loose for their own commercial gain. Denmark is apparently one of the first countries in the world to create copyright-style protection for individuals over their face, voice, and other personal distinguishing features. Will the UK introduce something similar? There’s no sign of that, which means it’s worth remembering that it’s been sensible in the digital world for years to think very carefully before posting images, audio, and video of yourself online. ‘Think before you post’ is even more sensible in the era of AI. After all, your face, voice, and personal characteristics are unique to you through birth and biology. They are at the heart of your identity as a human and it can never be right that anyone or anything can use your identity without your explicit permission.

Want to be an ‘influencer’? Get educated first…

The Badger recently found himself sympathising with some parents who were stressed-out because their 12-year-old son was being disruptive and problematic at school. The boy has been problematic at school for some time, and none of the measures taken by his parents, or the school, has improved matters. It seems the boy’s issues began when, one way or another, they started using social media heavily. This seems to have significantly influenced his attitude, beliefs, and behaviour as his engagement with content intensified with the passage of time. The boy’s a problem at school because, to use his parents’ words, ‘he doesn’t see why he needs teachers or lessons, because he just wants to be a social media influencer. The parents are in despair. They think their son is another young victim of the dark side of the last two decades’ social media revolution.

While many families experience similar difficulties, and research (e.g. here) illustrates how digital media affects adolescents, it was the word ‘influencer’ that grabbed the Badger’s attention. The word is flourishing like never before, primarily as a descriptor for someone with a large social media following who earns a living from the content they post. Perhaps the Badger’s a dinosaur, but he’s lost track of the number of people popping up as celebrities on popular television shows because they are ‘an influencer’ with a large following on platforms like Instagram or TikTok. When social media enables anyone from any background, and with any level of education, to be an ‘influencer’ if they produce content that attracts views, then it seems reasonable to ask the question ‘Is being an ‘influencer’ a legitimate career path?’.

The answer’s ‘Yes’ if you are entrepreneurial, can produce engaging content, and can advertise and promote products and brands that generate financial income and profits. Having a successful career, however, depends on business and financial acumen, an aptitude for marketing, knowledge of the influencer market, digital competence, and the ability to stay relevant when technology and audience interests change under your feet. The answer to the question is ‘No’ if you have none of these attributes. The problematic child noted above is too young to have the attributes needed to make a sustainable living from being an influencer. Their compulsive consumption of online content has likely distorted their view of how the real-world works, and so they may be in for a rude awakening when they eventually finish school and join the workforce.

So, what advice would the Badger give this youngster today? Simply this: ‘if you want to be a credible and respected influencer, and earn a living from being one, then you need to get the best education you can under your belt first’. Would they listen? Probably not…which is a sad indictment of a fickle, ever-changing, digital-dominated world in which AI is set to revolutionize everything, including being an influencer…