Trust in User-generated Evidence: Analysing the Impact of Deepfakes on Accountability Processes for Human Rights Violations (TRUE)
Lead Research Organisation:
Swansea University
Department Name: College of Law
Abstract
User-generated evidence - defined as information recorded by an ordinary citizen and used in legal adjudication - plays an
increasingly important role in accountability processes. Across the world, advances in mobile phone technology and increasing
internet access mean that millions of important photographs and videos depicting mass human rights violations have been, and will
continue to be, created and shared online. Mass atrocity trials in Sweden, Germany, The Netherlands, and the International Criminal
Court, amongst others, have already utilised this kind of evidence, as have UN Human Rights Council-mandated commissions of
inquiry, fact-finding missions, and investigations. Yet, at the same time, the public is increasingly confronted with examples of
deepfakes - hyper-realistic images, videos, or audio recordings created using machine learning technology - which are only likely to
become more advanced and difficult to detect as the technology progresses. These two developments pose an important
conundrum: have perceptions of deepfakes led to a mistrust in user-generated evidence? And if so, what does that mean for the role
of such evidence in future human rights accountability processes? Much of the literature to date has expressed a concern that the rise
in deepfakes will lead to mass mistrust in user-generated evidence, and that this in turn will decrease its epistemic value in legal
proceedings. This may well be the case, but no study has yet tested that assumption. This is a major evidence gap that urgently needs
to be addressed. Through an innovative interdisciplinary methodology at the intersection of law, psychology, and linguistics, this
pioneering project will develop the first systematic account of trust in user-generated evidence, in the specific context of its use in
human rights accountability processes.
increasingly important role in accountability processes. Across the world, advances in mobile phone technology and increasing
internet access mean that millions of important photographs and videos depicting mass human rights violations have been, and will
continue to be, created and shared online. Mass atrocity trials in Sweden, Germany, The Netherlands, and the International Criminal
Court, amongst others, have already utilised this kind of evidence, as have UN Human Rights Council-mandated commissions of
inquiry, fact-finding missions, and investigations. Yet, at the same time, the public is increasingly confronted with examples of
deepfakes - hyper-realistic images, videos, or audio recordings created using machine learning technology - which are only likely to
become more advanced and difficult to detect as the technology progresses. These two developments pose an important
conundrum: have perceptions of deepfakes led to a mistrust in user-generated evidence? And if so, what does that mean for the role
of such evidence in future human rights accountability processes? Much of the literature to date has expressed a concern that the rise
in deepfakes will lead to mass mistrust in user-generated evidence, and that this in turn will decrease its epistemic value in legal
proceedings. This may well be the case, but no study has yet tested that assumption. This is a major evidence gap that urgently needs
to be addressed. Through an innovative interdisciplinary methodology at the intersection of law, psychology, and linguistics, this
pioneering project will develop the first systematic account of trust in user-generated evidence, in the specific context of its use in
human rights accountability processes.
Organisations
People |
ORCID iD |
Yvonne McDermott (Principal Investigator) |
Publications
![publication icon](/resources/img/placeholder-60x60.png)
Jenkins R
(2024)
Trust in Evidence in an Era of Deepfakes
![publication icon](/resources/img/placeholder-60x60.png)
Minogue, D.
(2024)
International Criminal Law before Domestic Courts
Description | Conducted training for lawyers, judges and investigators |
Geographic Reach | Multiple continents/international |
Policy Influence Type | Contribution to new or improved professional practice |
Impact | The TRUE project has been described by Lady Chief Justice, Dame Sue Carr (the most senior judge in England and Wales), as 'break[ing] new ground by exploring the impact of deepfakes on trust in user-generated evidence of human rights violations'. According to a testimonial received from a Ukrainian Supreme Court Judge, 'As a result of your research, members of the judiciary in Ukraine now have a clear view of the advantages and disadvantages of using open source evidence in court, and how such evidence can be preserved, authenticated, verified, presented, and evaluated.' An investigator with the core international crimes unit of the Dutch police, involved in the organization of the workshop at Europol in 2024, noted: 'As investigators we are always focused on how our open source investigations relate to our cases, this workshop gave us the opportunity to stop and think about our work in a larger context. The presentation by TRUE's Yvonne and Anne at the start of the workshop provided us with vital insights into the evaluation of user- generated content that shaped the basis for further discussions throughout the day.' |
URL | https://www.trueproject.co.uk/post/true-researchers-participated-in-a-workshop-on-open-source-invest... |
Description | Produced guide for judges and fact-finders on evaluating digital open source imagery |
Geographic Reach | Multiple continents/international |
Policy Influence Type | Influenced training of practitioners or researchers |
Impact | Judges are now informed of the key factors to consider when evaluating open source and user-generated evidence. In the words of a Judge of the International Criminal Court: "This research has fundamentally strengthened our understanding of the benefits and drawbacks of open source and user-generated evidence. It has informed my fellow judges and I at the International Criminal Court, of the key considerations to take into account in evaluating this type of evidence and enhanced our understanding of the challenges to its admission and weight." |
URL | https://www.trueproject.co.uk/osguide |
Description | ESRC Impact Acceleration Account, "Bridging the gap between scholarship and legal practice on user-generated evidence in court" |
Amount | £8,408 (GBP) |
Funding ID | RIG1041-105 |
Organisation | Swansea University |
Sector | Academic/University |
Country | United Kingdom |
Start | 09/2023 |
End | 06/2024 |
Description | Appearance on PM (BBC Radio 4) |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Media (as a channel to the public) |
Results and Impact | Yvonne McDermott was interviewed by Evan Davies on Radio 4's PM programme on 5 April 2022. She spoke about how open source evidence has transformed human rights fact-finding, with a particular focus on the war in Ukraine. |
Year(s) Of Engagement Activity | 2022 |
URL | https://www.bbc.co.uk/sounds/play/m00162v9 |
Description | BBC News feature |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Media (as a channel to the public) |
Results and Impact | Yvonne McDermott was interviewed for a five-minute BBC News feature, hosted on the BBC website, on Ukraine and proving international crimes. The piece had more than half a million views in its first week online. |
Year(s) Of Engagement Activity | 2022 |
URL | https://www.bbc.co.uk/news/av/uk-wales-61118401 |
Description | Blogpost for the Academy of Social Sciences |
Form Of Engagement Activity | Engagement focused website, blog or social media channel |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Professional Practitioners |
Results and Impact | In this piece for the Academy of Social Sciences blog, TRUE PhD students Rebecca Jenkins, Ruben Lamers James, and Anne Hausknecht, Swansea University, discuss the Trust in User-Generated Evidence (TRUE) project and set out policy recommendations for improving awareness of the potential impact that synthetic content, or 'deepfakes', can have on trust in real, authentic user-generated evidence used in prosecutions of human rights violations. |
Year(s) Of Engagement Activity | 2024 |
URL | https://acss.org.uk/trust-in-evidence-in-an-era-of-deepfakes/ |
Description | ESRC Festival of Social Sciences |
Form Of Engagement Activity | Participation in an open day or visit at my research institution |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Public/other audiences |
Results and Impact | As part of the ESRC Festival of Social Sciences, the team hosted interactive sessions in Cardiff on 26 October 2023; in Swansea on 27 October 2023, and in Bangor on 8 November 2023. At our stall, entitled 'Online Sleuths: Spot the Deepfakes and Where on Earth?', participants were introduced to geolocation and its importance for human rights investigations. In an interactive task, they were asked to work out the precise geographical co-ordinates of three photos. The stall also provided information on deepfakes. |
Year(s) Of Engagement Activity | 2023 |
URL | https://www.trueproject.co.uk/post/true-project-at-oriel-science-imaging-exhibition-and-esrc-festiva... |
Description | Inner Temple conference |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | We co-organised, with the Honourable Society of the Inner Temple, a one day's conference on the topic of "The Admission of User Generated and Open-Source Material". The conference was held in person in London and live-streamed online. This event proved hugely popular, with the maximum number of 120 in-person attendees registered by October 2023. Remote attendance received over 170 applications. Participants comprised of lawyers working in legal practice in England and Wales and other jurisdictions; High Court and Crown Court judges; academics; open source investigators, and representatives of UN bodies and non-governmental organisations. The conference was extremely successful and this is reflected in the feedback forms received. Of 64 respondents, 100% agreed or strongly agreed with the proposition that they 'now have a better understanding of the key benefits and challenges of open source and user generated evidence'. 93% agreed or strongly agreed that they 'now have a better understanding of the key elements of a good methodology for the conduct of investigations and the verification of open source and user-generated evidence'. A further 100% agreed or strongly agreed that they 'now have a better understanding of the factors that should be taken into account in the assessment of open source and user-generated evidence'. Comments included: "Absolutely fantastic, brilliant opportunity to network and learn about the key challenges in these areas. Mind blowing." "I thought this was really excellent and a credit to the Inn for bringing such a great selection of speakers" and "I didn't want it to end and that is saying something for a Saturday conference. It was time very well spent. Thank you to all of the speakers and organisers - it was truly brilliant" |
Year(s) Of Engagement Activity | 2023 |
URL | https://www.innertemple.org.uk/events/?id=EVT01490 |
Description | Interview on BBC Radio Wales Drive |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Media (as a channel to the public) |
Results and Impact | Yvonne McDermott was interviewed on BBC Radio Wales Drive programme on 5 April 2022. She spoke about how open source evidence has transformed human rights fact-finding, with a particular focus on the war in Ukraine. |
Year(s) Of Engagement Activity | 2022 |
URL | https://www.bbc.co.uk/sounds/play/m00160bv |
Description | Interview on Good Morning Scotland |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Media (as a channel to the public) |
Results and Impact | Yvonne McDermott was interviewed on BBC Scotland's Good Morning Scotland on 6 April 2022, on the ways in which open source research has transformed human rights fact-finding, with a particular focus on Ukraine. |
Year(s) Of Engagement Activity | 2022 |
URL | https://www.bbc.co.uk/sounds/play/m00161pt |
Description | Interview with Newstalk on pursuing justice in Ukraine |
Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Media (as a channel to the public) |
Results and Impact | Yvonne McDermott was interviewed on Newstalk radio's "The Hard Shoulder" programme, on investigating war crimes in Ukraine. |
Year(s) Of Engagement Activity | 2023 |
URL | https://www.newstalk.com/podcasts/highlights-from-the-hard-shoulder/moncrieff-in-ukraine-investigati... |
Description | Lecture at Irish Centre for Human Rights |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Postgraduate students |
Results and Impact | Yvonne presented on open source and user-generated evidence to students at the Irish Centre for Human Rights, University of Galway, in March 2024. |
Year(s) Of Engagement Activity | 2024 |
Description | Lecture at University of Bath |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Professional Practitioners |
Results and Impact | Gabriela Jiga-Boy gave a lecture on 'Polarization & norms of trust: Attempts to study political trust experimentally' at the University of Bath in February 2024. |
Year(s) Of Engagement Activity | 2024 |
URL | https://www.bath.ac.uk/campaigns/department-of-psychology-seminars/ |
Description | Lecture at University of Glasgow |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Postgraduate students |
Results and Impact | Yvonne gave a lecture on "Early Research Findings from the TRUE Project (Trust in User-Generated Evidence)" as part of the University of Glasgow's Glasgow Centre for International Law and Security (GCILS) seminar series, February 2024. |
Year(s) Of Engagement Activity | 2024 |
URL | https://gcils.org/spring-semester-2023-24-upcoming-events/ |
Description | Meeting Secretary Hillary Clinton and President Bill Clinton |
Form Of Engagement Activity | A formal working group, expert panel or dialogue |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Policymakers/politicians |
Results and Impact | On 16 November 2023, TRUE's PI Professor Yvonne McDermott Rees and Research Assistant Michael Elsanadi had the pleasure of presenting our project to former US President Bill Clinton and former Secretary of State Hillary Clinton. In a lively and fruitful discussion, Michael and Yvonne discussed the merits of user-generated evidence for proving mass human rights violations. They reflected, in particular, on the recent warrant of arrest issued against Syrian President Bashar Al-Assad in France, which was based on a complaint filed by Syrian Archive (with whom Michael also works) and other civil society organisations. They also discussed the risks of deepfakes - particularly the risk that real footage will come to be reflexively dismissed as potentially fake as the public are increasingly confronted with AI-generated content - and presented some of the early findings from our research with legal professionals and laypeople. |
Year(s) Of Engagement Activity | 2023 |
URL | https://www.trueproject.co.uk/post/true-researchers-meet-secretary-hillary-clinton-and-president-bil... |
Description | Participation in Europol workshop |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | On the 24th and 25th of January 2024, principal investigator Yvonne McDermott Rees and TRUE PhD student Anne Hausknecht participated in a workshop on "Open-source Investigations and Core International Crimes" in The Hague. The workshop, co-organized by the Dutch National Police and the European Union Agency for Law Enforcement Cooperation (Europol), convened academics, investigators, as well as representatives from NGOs, European polices forces, and the private sector. On the first day, Yvonne presented on "The Admission and Evaluation of Open Source Evidence in Criminal Proceedings", exploring the use of open source evidence in domestic and international proceedings. An investigator with the core international crimes unit of the Dutch police, involved in the organization of the workshop, noted: 'As investigators we are always focused on how our open source investigations relate to our cases, this workshop gave us the opportunity to stop and think about our work in a larger context. The presentation by TRUE's Yvonne and Anne at the start of the workshop provided us with vital insights into the evaluation of user- generated content that shaped the basis for further discussions throughout the day.' Yvonne and Anne had the chance to test their investigative skills during a hackathon held on the second day. Using digital open source techniques, the conference participants were able to locate eight Ukrainian children that are presumed to have been abducted by Russian forces. |
Year(s) Of Engagement Activity | 2024 |
URL | https://www.trueproject.co.uk/post/true-researchers-participated-in-a-workshop-on-open-source-invest... |
Description | Participation in Oriel Science outreach events |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | Regional |
Primary Audience | Public/other audiences |
Results and Impact | We had an exhibit as part of the Oriel Science 'Imaging' exhibition, which was open to members of the public across South Wales from 2023. Yvonne presented to members of the public on Deepfakes in February 2024. |
Year(s) Of Engagement Activity | 2022,2023,2024 |
Description | Participation in Swansea Science Festival |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Public/other audiences |
Results and Impact | The TRUE project hosted an interactive exhibition as part of the Swansea Science Festival on the importance of perspective when trying to understand "what happened" using video evidence. The interactive activity demonstrated just how deceptive certain camera perspectives can be. |
Year(s) Of Engagement Activity | 2022 |
URL | https://www.trueproject.co.uk/post/swansea-science-festival-2022 |
Description | Presentation on panel on "Paving Path to Justice in Ukraine - Overcoming Evidence Collection Challenges in Time of War" |
Form Of Engagement Activity | A formal working group, expert panel or dialogue |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Postgraduate students |
Results and Impact | The Center of Ukrainian Law at the VU Law Faculty organised a Panel Discussion, "Paving Path to Justice in Ukraine - Overcoming Evidence Collection Challenges in Time of War" where scholars and experts from Lithuania, Ukraine and United Kingdom discussed a path of seeking for justice, in February 2024. Yvonne presented on "open source and user-generated evidence: definition, forms, and benefits/challenges" |
Year(s) Of Engagement Activity | 2024 |
URL | https://www.tf.vu.lt/events/panel-discussion-paving-path-to-justice-in-ukraine-overcoming-evidence-c... |
Description | Seminar with Foreign Office lawyers |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Professional Practitioners |
Results and Impact | Yvonne presented on 'User-generated Evidence' to lawyers of the Foreign, Commonwealth and Development Office (FCDO), December 2023. |
Year(s) Of Engagement Activity | 2023 |
Description | Speaker at Chatham House Roundtable on Ukraine and Open Source Intelligence |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Policymakers/politicians |
Results and Impact | Yvonne McDermott spoke at an in-person, private roundtable: "The use of Open-Source Intelligence (OSINT) in Ukraine: lifting the fog of war or blurring it further?" in March 2023. |
Year(s) Of Engagement Activity | 2023 |
Description | Talk at Queens University Belfast |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | National |
Primary Audience | Professional Practitioners |
Results and Impact | Dr Gabriela Jiga-Boy gave an external speaker seminar at the School of Psychology, Queen's University Belfast on 13 November 2023. She discussed whether political trust in policymaking and new technologies depends on people's perceptions of social norms around trust. |
Year(s) Of Engagement Activity | 2023 |
Description | Talk at UCLA conference on Human Rights and Artificial Intelligence |
Form Of Engagement Activity | A formal working group, expert panel or dialogue |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Policymakers/politicians |
Results and Impact | Yvonne was a speaker at a symposium on Human Rights and Artificial Intelligence organised by the Promise Institute, University of California, Los Angeles, in February 2024. This symposium convened scholars, practitioners, activists, and lawmakers to explore the many ways in which AI is negatively impacting and positively influencing the fulfillment of the entire spectrum of human rights. It highlighted the ways in which different regulatory bodies are and should be seeking to impose safeguards or limits on the development and implementation of AI, and how tech companies can be held and are already being held accountable for the irresponsible deployment of AI. Yvonne presented some early findings from the three strands of the TRUE project's research (online experiments, legal analysis, mock jury simulations). |
Year(s) Of Engagement Activity | 2024 |
URL | https://promiseinstitute.law.ucla.edu/symposium/human-rights-and-artificial-intelligence/ |
Description | Talk to University of Pittsburgh School of Law students |
Form Of Engagement Activity | A talk or presentation |
Part Of Official Scheme? | No |
Geographic Reach | Local |
Primary Audience | Postgraduate students |
Results and Impact | Yvonne McDermott presented to LLM students at Pitt Law in January 2023 on "Documenting War Crimes" |
Year(s) Of Engagement Activity | 2023 |
Description | Training Ukrainian judges on open source evidence |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | Training of Ukrainian judges on open source and user-generated evidence in workshops in Belfast and Ukraine. Per Nataliya Antonyuk, Ukrainian Supreme Court Judge, "As a result of your research, members of the judiciary in Ukraine now have a clear view of the advantages and disadvantages of using open source evidence in court, and how such evidence can be preserved, authenticated, verified, presented, and evaluated." |
Year(s) Of Engagement Activity | 2022,2023 |
URL | https://www.irishlegal.com/articles/ukrainian-judges-take-part-in-judicial-exchange-in-dublin-and-be... |
Description | Training for international judges |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | Yvonne McDermott and Konstantina Stavrou delivered a workshop on 'user-generated evidence' as part of the African Legal Aid (AFLA) Gender Mentoring Training Programme for Judges. This was attended by judges of the International Criminal Court (ICC), the United Nations Residual Mechanism for International Criminal Tribunals (IRMCT), the Special Tribunal for Lebanon (STL), the Kosovo Specialist Chambers (KSC) and the International Court of Justice (ICJ). The presentation defined user-generated evidence and provided some examples of its use in international and domestic criminal cases; presented the main benefits and risks of this kind of evidence, and concluded with some factors that should be taken into account in its evaluation. It provided an opportunity for a fruitful exchange of views between the judges and participants reported that it 'bolstered [their] understanding of this new form of evidence.' |
Year(s) Of Engagement Activity | 2023 |
URL | https://www.africalegalaid.com/gender-mentoring-training-programme-for-judges-of-international-crimi... |
Description | Workshop on Deepfakes |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | Yvonne and Alice were panellists at the International Workshop on Deepfakes 2023, "Deepfakes within the Framing of Security: Law Enforcement & the Generation/Application/Detection of Deepfakes" in Berlin. |
Year(s) Of Engagement Activity | 2023 |
Description | Workshop on open source investigations for FIDH |
Form Of Engagement Activity | Participation in an activity, workshop or similar |
Part Of Official Scheme? | No |
Geographic Reach | International |
Primary Audience | Professional Practitioners |
Results and Impact | Yvonne McDermott Rees delivered a training on open source investigations for FIDH (International Federation for Human Rights) civil society members in May 2022. |
Year(s) Of Engagement Activity | 2022 |