Japan's Justice Ministry backs civil liability for unauthorized AI voice use

An expert committee of Japan's Justice Ministry approved a draft report on Monday establishing civil liability for the unauthorized use of public figures' voices through generative AI. The report places voices under the legal umbrella of the right of publicity—a principle that allows celebrities to control the commercial value of their names and portraits. Under this framework, individuals can demand compensation or the removal of online posts if infringement is confirmed.

The draft spells out specific scenarios. It assumes that violators create a sound source using generative AI to make people believe an actor or singer is performing another person's song, then post it on social media for profit. Critically, the report notes that even if the generated voice is not identical to the original, similarities in voice quality and style may still constitute a violation. This standard addresses a real legal gray zone: because no Japanese court had previously ruled on voice rights in this context, voice actors and others had been calling for clarification.

The draft also distinguishes between infringing uses and permissible ones. Impersonations and voice imitations of celebrities generally do not constitute infringement of the right of publicity, the report states, because performers use their own names to highlight their resemblance to the celebrities they are imitating. Additionally, the committee noted that generating sexual images from an actor's portrait using AI could infringe on both the right of publicity and portrait rights—extending protection beyond voice to include image-based generative AI harms.

The ministry's action comes in response to documented damage: widespread unauthorized "AI covers" where singers' and voice actors' voices are used without permission, and sexual deepfakes in which actors' images are altered into obscene content. In response to calls for legal recourse, the Justice Ministry aims to create an environment that facilitates victims' ability to seek damages. A final report is expected as early as August.

The Justice Ministry's approval of this draft report addresses a concrete gap in Japanese law: despite widespread harms—including unauthorized "AI covers" where singers' and voice actors' voices are used without permission, and sexual deepfakes altering actors' images into obscene content—no court ruling had previously clarified the legal status of such uses. The committee's decision to extend the right of publicity (a legal principle already protecting celebrities' names and portraits) to include voices reflects a broadening understanding of what constitutes a person's commercial and personal identity in the age of generative AI.

The report's distinction between infringing AI mimicry and permissible performer impersonation is legally significant. By stating that AI-generated voices sharing voice quality and style similarities—even if not identical—may infringe the right of publicity, the draft establishes a practical standard for enforcement. This matters because voice actors and others had explicitly requested such clarification. The inclusion of AI-generated sexual imagery as a dual infringement of both publicity and portrait rights further signals that the ministry recognizes generative AI harms as spanning multiple legal categories.

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