Deepfakes and evidence: questions for a litigation team
A companion guide to Mostafa Soliman’s article on deepfakes, with practical questions about source material, provenance, and review.
Original publication · New York Daily Record · Mar 2026
The Emerging Challenge to Evidence Authentication in the Age of Deepfake
Read the original article at New York Daily RecordThe guide below offers practical discussion prompts alongside the original article. It does not reproduce the publisher’s text.
Published in the New York Daily Record in March 2026. Follow the publisher link to read the article.
From the issue to the workflow
Begin with the source
Before debating whether a recording looks artificial, establish what the team actually has: an original file, a forwarded copy, a screenshot, or an edited extract. Ask who captured it, how it was transferred, and whether a fuller version exists. Document gaps rather than filling them with assumptions.
Separate the questions
Authenticity, accuracy, and context are different issues. A genuine recording can be incomplete; a transcript can misstate genuine audio. Identify the proposition the material is being used to support, then ask what additional records or witnesses could test that proposition.
Plan the review
Preserve the source material and record transformations before using enhancement or analysis tools. Treat a detection score as a lead for investigation. Decide when specialist help is appropriate, and check the governing evidence rules and case-specific orders. This is a discussion framework, not an admissibility determination.
Educational discussion. Apply the rules, guidance, and orders relevant to your jurisdiction and matter.
Connect this to your work.
Explore the wider topic, use a practical review checklist, or discuss a program for your team.