From Evidence to Misinformation: Courts Brace for Deepfake Challenges
Complex Discovery
SEPTEMBER 11, 2024
Rule 403 as a Gatekeeping Tool: Judges can apply Rule 403, which permits excluding evidence if its probative value is substantially outweighed by the danger of unfair prejudice or misleading the jury. Deepfake evidence, even when suspected to be inauthentic, could sway jurors, highlighting the need for rigorous pretrial scrutiny.
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