British Government Introduces New Law Targeting Sexually Explicit Deepfake Images

Under the new law, individuals who create sexually explicit deepfake images of adults without their consent will be committing a criminal offence. This applies even if the creator has no intention to share the images but aims to cause alarm, humiliation, or distress to the victim.

Those found guilty of creating such deepfake images could face severe penalties, including a criminal record and an unlimited fine. If the deepfake content is subsequently shared, offenders may also face imprisonment.

The legislation applies specifically to deepfake images of adults. However, it complements existing laws concerning similar offences involving children. The law states the importance of 'intent', making it clear that the malicious creation of deepfake images with the intent to harm or distress the victim is unacceptable and criminal.

Other Laws

Enacted last year, the Online Safety Act aims to regulate online platforms and ensure the safety of users, particularly concerning harmful content. The Act includes provisions that criminalize the sharing of deepfake intimate images for the first time, reflecting efforts to combat digital exploitation and harassment.

The Criminal Justice Bill, which is currently undergoing parliamentary scrutiny, encompasses a range of new criminal offences and reforms to enhance protections against various forms of misconduct. In addition to the proposed law on deepfake images, the Bill includes provisions related to the unauthorized recording of intimate images, among other measures.

Other Countries

In the European Union, the European Commission has taken a proactive step by introducing a directive aimed at criminalizing the non-consensual sharing of intimate images online, including AI deepfake porn, and broader gender-based online harassment. This directive, if passed, would require all EU member states to enact domestic laws aligning with the outlined guidelines, fostering a unified approach to tackling digital exploitation and abuse across the region.

Similarly, in the United States, Senator Richard Durbin introduced the Disrupt Explicit Forged Images and Non-Consensual Edits Act (DEFIANCE) in January, signalling a commitment to addressing the proliferation of nonconsensual deepfake pornography. The proposed act seeks to establish a federal civil remedy for victims of digital forgeries, providing legal recourse to those impacted by this form of exploitation. The act is yet to undergo reading in the Senate.