Checklist · Incoming evidence — deepfakes & synthetic documents

Deepfake and synthetic evidence authenticity checklist (images, audio, video and documents)

Step-by-step checklist for testing whether an image, recording, video, message or document has been generated or altered with AI before relying on it or challenging it: preserve, trace provenance, examine, corroborate, and decide on expert and procedural steps.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales, Victoria, United Kingdom (England and Wales), United States
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use for any key digital exhibit, whether it comes from your client, the other side or a third party, and before it is served, tendered or challenged. Use it early: preservation steps cannot be done later.

How AI may be used

Lawyer-led. AI may list the source, capture date, metadata fields, hashes and gaps against the authenticity questions the lawyer has set, but it must not be treated as determining whether an item is genuine.

AI may

  • From the file, list each exhibit's claimed source, capture date, metadata fields, hash values and custody gaps.
  • Compare claimed author, date and device fields with the produced file's properties and list mismatches.
  • From a permitted production set, list items with missing metadata, inconsistent formatting or reuse patterns as a sample for human review.

AI must not

  • Must not state that an item is or is not a deepfake or forgery.
  • Must not alter, convert, compress or "enhance" any original file.
  • Must not be used as an AI-detection tool whose output is relied on as evidence without expert validation and any required court leave or disclosure.

The lawyer checks

  • Originals are preserved with hash values and a complete chain of custody before any examination.
  • Any conclusion on authenticity is based on expert evidence and corroboration, not a detector score.
  • Court-specific AI disclosure and leave requirements for experts have been checked.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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