ECO-DISINFORMATION AND AI DEEPFAKES: DEVELOPING A LEGAL FRAMEWORK AGAINST DIGITAL SABOTAGE OF ENVIRONMENTAL POLICIES

Abstract

Artificial intelligence has transformed the production and circulation of synthetic media, creating new possibilities for environmental disinformation. Deepfakes can fabricate apparently authentic statements, events and evidence concerning climate science, environmental regulators, public officials and renewable-energy projects. Although existing legal regimes address aspects of defamation, fraud, environmental information, platform governance and artificial-intelligence transparency, they do not expressly connect malicious synthetic deception with interference in environmental decision-making. This article develops the concept of “Digital Environmental Sabotage” and proposes a narrowly tailored legal framework for addressing it. Using doctrinal and comparative legal research, the article examines environmental-information principles under the Aarhus Convention and Paris Agreement, intermediary and systemic-risk regulation under United States and European Union law, emerging transparency obligations under the EU Artificial Intelligence Act, and human-rights-based principles for digital-platform governance. It argues that liability should depend upon cumulative elements: material deception, knowledge or intent, an identifiable environmental nexus, and material harm or a serious and foreseeable risk of interference with environmental governance. The article then proposes a model Prevention of Digital Environmental Sabotage Act (PDESA) covering definitions, jurisdiction, civil and criminal liability, platform responsibilities, provenance and labelling, notice-and-action procedures, institutional oversight and safeguards for freedom of expression. The proposed framework is designed to protect the integrity of environmental decision-making without converting legitimate scientific disagreement, political criticism, satire, journalism or academic inquiry into unlawful conduct.