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Warsaw court rules AI‑generated voice in ad was a deepfake

Polish judges ordered JFC Polska to stop using a synthetic version of narrator Jarosław Łukomski’s voice in advertising, deeming it a deepfake and violating personal rights.

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What happened

The District Court in Warsaw’s Intellectual Property Division found that JFC Polska’s advertisement used an AI‑generated voice that closely mimicked Polish narrator Jarosław Łukomski without his consent. A court‑appointed expert testified that an average listener would be misled into thinking Łukomski actually spoke the ad’s words. Judge Sylwia Wit vel Wilk ruled the material qualified as a deepfake, ordered the company to cease using the synthetic voice, remove existing ads, publish apologies on Facebook, its website and in the trade publication Wirtualne Media, and pay compensation of 30,000 zlotys for non‑pecuniary damage plus over 17,000 zlotys for other losses and legal costs.

The case was heard from the end of January before the Intellectual Property Division of the Warsaw District Court. JFC Polska had created a digital model of Łukomski’s voice to promote its products, doing so without informing or obtaining permission from the narrator.

A court‑appointed expert compared the synthetic voice to recordings of Łukomski and concluded that, for an average listener, the two were “distinctly and misleadingly similar.” The expert’s assessment formed the basis for the judge’s deepfake finding.

Judge Sylwia Wit vel Wilk wrote that the advertisement’s nature was that of a deepfake—material generated by artificial intelligence that creates the false impression a person said something they did not. The court rejected the argument that Łukomski’s voice held a special legal status, emphasizing that personal‑right protection applies to every individual.

The court ordered JFC Polska to stop using the disputed voice, remove all existing ads containing it, and publish an apology on its Facebook page for 45 days, on its website for 14 days, and in the trade publication Wirtualne Media. Compensation of 30,000 zlotys for non‑pecuniary damage and more than 17,000 zlotys for other losses, plus legal costs, were awarded to Łukomski.

JFC Polska’s representatives said they would consider further steps after consulting with their client, indicating potential appeals or settlement discussions.

Source details: ua.news

Why it matters

The ruling establishes that a person’s voice is a personal, non‑property right protected under Polish law, regardless of fame. By treating AI‑generated vocal imitations as deepfakes, the court signals that unauthorized synthetic reproductions can constitute infringement and personal‑rights violations. This sets a precedent for future disputes over AI‑cloned voices in advertising, media, and other commercial contexts, potentially prompting companies to seek explicit voice licences or avoid synthetic reproductions altogether. It also clarifies that deepfake protections extend beyond visual media to audio, reinforcing broader EU discussions on AI‑generated content regulation and personal data rights. The decision may influence how courts in other jurisdictions assess similar claims, encouraging tighter compliance checks for AI‑generated audio and prompting legislators to consider clearer statutory guidance.

The decision clarifies that a voice, even when not a trademark or copyrighted work, is protected as a personal right, expanding the scope of AI‑related legal protections in Poland.

By labeling the synthetic voice as a deepfake, the court aligns audio manipulation with visual deepfake jurisprudence, reinforcing EU‑wide efforts to combat deceptive AI‑generated content.

The ruling may compel advertisers and content creators to obtain explicit consent before using AI‑cloned voices, potentially increasing licensing costs and prompting the development of industry standards for voice‑synthetic usage.

Legal scholars note that the case could serve as a reference point for future disputes involving AI‑generated speech in political campaigns, customer service bots, or entertainment, where misrepresentation risks are high.

The outcome may influence policymakers drafting AI‑regulation, encouraging clearer definitions of deepfakes that encompass both visual and auditory media.

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What to watch next

Future Polish cases involving AI‑generated audio, especially in political or commercial settings, will test the breadth of this precedent. Watch for any legislative proposals in the EU that codify voice‑cloning protections or require consent mechanisms for synthetic speech. Companies using AI voice synthesis should monitor compliance requirements, licensing models for celebrity or public‑figure voices, and potential liability for deepfake‑type misuse. Legal challenges from other content creators or rights holders could further shape the market for AI‑generated voice services.

Any appeal by JFC Polska that could modify the precedent or lead to higher‑court clarification.

Legislative activity in the European Parliament or Polish Sejm concerning AI‑generated audio, especially proposals for consent‑based licensing regimes.

Subsequent lawsuits from other public figures or private individuals alleging unauthorized voice cloning, which will test the consistency of the court’s reasoning.

Industry response, such as the emergence of voice‑licensing platforms or stricter internal compliance protocols by advertising agencies.

Potential cross‑border enforcement actions if similar deepfake audio cases arise in other EU member states, highlighting the need for harmonized legal standards.

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