Visual Legal Rhetoric in the Age of Generative AI and Deepfakes: Renaissance or Dark Ages?

The paradoxical development of visual generative AI tools, such as OpenAI’s DALL-E 3, Midjourney, and Stable Diffusion, simultaneously signal a renaissance and a potential dark age in visual rhetoric and communication. On the one hand, these tools democratize the creation of visual content, empowering attorneys and others to become artists and illustrators of their legal communications without needing to learn how to draw. These AI systems can simplify complex legal concepts, bridge language barriers, and enhance advocacy. But on the other hand, the proliferation of deepfakes presents significant challenges for visual rhetoric. Deepfakes can quickly and easily create realistic but false images, videos, and audio that exploit celebrities, distort facts, and facilitate various crimes. The negative implications of deepfakes include their association with fraud, misinformation, and emotional harm. This technological advancement undermines the credibility of genuine news photography and other highly representational media as the public struggles to distinguish real from fabricated content and begins to discount all visual media. The challenge lies in using the tools effectively while maintaining the verisimilitude and integrity of representational visual media, which traditionally relies on its status as an unembellished depiction of reality to achieve its rhetorical and communicative goals.