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Faking it?

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In the era of AI, what’s real & what’s not in the courtroom? Ian Gascoigne examines the growing issue of faked evidence
  • Faked evidence isn’t new. This article looks at cases going back 25 years that have involved alleged forged evidence.
  • With the advent of AI, however, litigators need to know how to spot and treat evidence that may not be what it first appears.

The concept of the fake is prevalent. Telephone calls or texts from callers pretending to be other people, fake images online, and even ‘fake news’ for those who do not like facts with which they are presented—all are threats for us to look out for.

It is unsurprising that there is an increasing worry in the sphere of civil disputes about documents and sound/video recordings that appear to be authentic but are not. This is an old problem, which, undoubtedly, has been given an attractive new coat by generative AI.

Such tools make it easier to fake evidence. Two questions to consider are:

  • How
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NEWS
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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