Provider Liability for Deepfakes: The First Ruling

1. The facts

   According to press reports, the court intervened in a case involving the viral spread of deepfake videos. The footage depicted a well-known political figure appearing to promote financial investment schemes that later proved to be fraudulent. The content was hosted on sites using the technological services of a network infrastructure provider. The applicant took urgent legal action, alleging a breach of the diligence obligations imposed by the new European regulations. The procedural stage is that of a preliminary injunction under Art. 700 of the Italian Code of Civil Procedure, an immediate order issued by the judge to stop the harmful behavior pending a trial on the merits.

2. 

   The legal framework

   The case revolves around Regulation (EU) 2022/2065, known as the Digital Services Act (DSA).

   1. Article 6 of the DSA states that hosting service providers are not liable for stored information if they are unaware of illegal activity or if, once such knowledge is obtained, they act immediately to remove the content.
   2. Article 16 of the DSA governs the notice and action mechanism, specifying that a detailed notification grants the provider effective knowledge.
   3. Domestically, Article 2043 of the Italian Civil Code provides the basis for non-contractual liability for damage to image.
   4. Article 614-bis of the Italian Code of Civil Procedure allows the judge to set a sum of money due by the obligated party for each violation or delay in executing the order, the so-called astreinte.

3. Case law orientation

   Lower court jurisprudence is reflecting the shift beyond the classic distinction between active and passive hosting. Previously, the established orientation excluded the liability of providers performing a purely technical and neutral activity. However, with the DSA's entry into force, judges have clarified that neutrality does not exempt them from the duty to intervene when the illegality is manifest, or ictu oculi. The principle expressed is that faced with manifestly illegal content, such as fraudulent deepfakes, prior judicial verification is not required: the provider must act with qualified diligence as soon as it receives a detailed report. This orientation aims to prevent the intermediary from becoming, even unintentionally, a tool for amplifying damage.

5. Analysis drafted and verified with edit.legal

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8. What it teaches professionals

   1. Notifications to providers must be extremely detailed and contain technical evidence of the manipulation to trigger effective knowledge.
   2. It is no longer necessary to prove an active role of the provider if the content is manifestly illegal according to DSA criteria.
   3. The speed of the precautionary action is fundamental, as the virality of the deepfake makes the damage exponential within a few hours.
   4. One must always consider requesting financial penalties under Art. 614-bis of the Code of Civil Procedure as an effective tool against foreign tech giants.

9. Update and rectification note (17 September 2026)

   The previous version of this article incorrectly attributed to the Court of Rome a removal order against Cloudflare for deepfake videos concerning Giorgia Meloni, also stating that the provider had ignored the notices. Following an editorial review, it emerged that these claims are not supported by official records. The text has therefore been corrected and anonymized, removing unverified conduct and references to real parties in the absence of verified primary sources.

References: Regolamento (UE) 2022/2065 (Digital Services Act)Articolo 2043 Codice CivileArticolo 614-bis c.p.c.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction