China · Beijing · Personality Rights

Beijing AI Face-Swap Personal Information Case

A face-swap application turned videos featuring two online models into paid templates. The court distinguished portrait identifiability from the processing of facial and other personal information, finding unauthorized personal information processing.

Court or tribunal
Beijing Internet Court
Publication date
10 September 2025
Procedural status
Effective judgment; released as a typical case in September 2025

01

Factual background & dispute

  • Videos featuring the claimant, Liao, were made into paid face-swap templates.
  • The service replaced facial features while retaining the original bodies, movements, styling, and scenes.
  • The operator argued that its video sources were lawful and a third party supplied the face-swap technology.

02

Core issues & judicial focus

  1. Whether a video remains identifiable as the claimant after the face is replaced
  2. Whether producing a face-swap template processes facial and other personal information
  3. Whether reliance on third-party technology removes the operator's responsibility

03

Judicial finding & holding

  • On the facts of this case, the altered videos and their context no longer identified the claimant, so the court did not find infringement of portrait rights.
  • The court nevertheless found unauthorized processing of the claimant’s facial information.
  • The operator was ordered to bear civil liability. Face replacement does not categorically exclude infringement of portrait rights.

04

Practical risk implications

01Face-swap products should assess copyright, portrait rights, and the legal basis for personal information processing separately.

02Using a third-party algorithm does not remove an operator's duty to review material provenance and processing purposes.

03Template ingestion, feature extraction, generation, and distribution require authorization and deletion mechanisms.

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