Legal, ethical debate as film uses AI to replace arrested beauty queen actress

On Aug. 4 a press screening was held for the film "Chot Don" (Closing the deal) in HCMC after a nearly two-month delay. The production team revealed that multiple AI technologies had been used to create a fully digital human to replace Tien. The character's voice was dubbed by an actress.

Tien, 27, who had been cast in the lead role, was arrested in May as part of a consumer fraud investigation involving Kera Supergreens Gummies, a fiber supplement she endorsed.

Nguyen Ngoc Son, a legal representative for the studio, said all aspects had been considered. "If we had only replaced Tien’s face but kept her body, it would have violated her personal image rights. That is why we decided to create a completely new character."

Tien’s contract gave the producers full rights over her image and required her to maintain a professional public image, meaning her legal troubles violated the terms and nullified her right to object, he said. After the controversy surfaced, the studio sought clarification from the company that signed the contract on Tien’s behalf. It replied it was only authorized to handle contractual matters and had no power to discuss Tien’s legal issues.

Miss Grand International 2021 Nguyen Thuc Thuy Tien. Photo courtesy of Tien's Facebook

Dang Tran Cuong, director of Vietnam Cinema Department, said the agency approved the release of the AI-modified version after consulting legal experts. The decision supports the film industry’s efforts to embrace global technology trends, including AI, he said.

But legal experts said these are uncharted waters. Hoang Ha, a lawyer with the Ho Chi Minh City Bar Association, said though Vietnam lacks a specific legal framework on AI, image and personality rights are protected under the Civil Code. He pointed out that AI-generated characters often rely on an actor’s appearance and mannerisms, which could be considered use of their image.

"Therefore, it must be covered by prior agreement, and stated in the contract," he said. He also cited the need to comply with the 2005 Intellectual Property Law, which outlines the rights of performers and producers in films.

Another lawyer, Hoang Anh Son, emphasized the need for caution, citing the Constitution, which states that individuals are presumed innocent until proven guilty. "Replacing her image requires careful consideration to avoid infringing on her personal image rights."

He also pointed out that the law does not prohibit artists caught up in legal issues from performing in public. "Authorities should spell out clearly what level of offense would justify such action. Otherwise, it risks being arbitrary."

The legal implications apart, the AI-generated performance was also criticized for lacking emotional nuance. Viewers said the facial expressions during a key confrontation between the lead couple appeared stiff and detracted from the experience.

The production team said it had anticipated divided opinions but had few options. Co-director Bao Nhan said the team initially struggled to resolve the issue but opted for the AI approach after reviewing samples from tech firms. Dinh Thi Thanh Huong, CEO of Galaxy Studio, said AI was never the original plan.

"This has been the most difficult project in our company’s 30-year history," she said. "At one point I considered shelving the film entirely due to financial and emotional pressure. But we ultimately decided to release it out of responsibility to the crew, cast and our shareholders."

In December 2024 Tien had publicly promoted the gummies alongside influencers Pham Quang Linh and Nguyen Thi Thai Hang, claiming they were a healthy snack suitable for all ages and "equivalent to a plate of vegetables." Authorities later revealed she had a 30% profit share in the company.

The controversy escalated after a customer had the gummies tested and found that a 30-gummy box contained only 0.51 grams of fiber, far less than advertised. Tien deleted her promotional posts following a public backlash. But fashion brands Dior and Tommy Hilfiger removed her images from social media. The "Chot Don" production team postponed the premiere and temporarily deactivated the film’s fan page.

AI in cinema has raised concerns globally. The 2024 film "A Legend" used AI to digitally make 70-year-old Jackie Chan appear 27 for his role as a general. Viewers criticized the result as unnatural and emotionally flat, particularly in dramatic scenes.