Deepfakes To Be Made A Specific Criminal Offence

In previous blogs, we have discussed the legal background in respect of deepfakes of individuals. These can be read here and here. This issue has become topical following a number of high-profile sexually explicit deepfakes being created and published.

In a significant move to combat the misuse of artificial intelligence in creating non-consensual explicit content, the UK Government has introduced a new offence targeting the creation of sexually explicit deepfake images. This initiative aims to strengthen protections for victims and address the evolving challenges posed by technology in the realm of intimate image abuse.

Understanding deepfakes and their impact

Deepfakes are digitally manipulated images or videos that use AI to superimpose an individual’s likeness onto another’s body, often resulting in hyper-realistic but fabricated content. While this technology has various applications, its malicious use in creating explicit material without consent has become a growing concern. Victims, predominantly women, experience significant emotional and psychological distress, as these images can lead to public humiliation, harassment and a profound violation of personal autonomy.

The new legislation: A closer look

Announced on 22 January 2025, the Government’s amendment to the Data (Use and Access) Bill criminalises the intentional creation of sexually explicit deepfake images without consent. Justice Minister Sarah Sackman KC emphasised the importance of this measure, stating:

The legislation is designed to be adaptable, covering ‘purported sexual images’, which include depictions that appear to show someone naked or engaged in sexual acts. This ensures that the law remains relevant amidst rapid technological advancements.

Building on existing protections

This new offence complements existing laws that prohibit the sharing or threatening to share intimate images, including deepfakes, without consent. In September 2024, the Online Safety Act classified sharing intimate images offences as priority offences, making platforms responsible for detecting and removing such content or facing enforcement actions from Ofcom.

Additionally, the Government has committed to introducing new offences related to the non-consensual taking of intimate images and the installation of equipment intended for such purposes. These measures send a clear message that intimate image abuse, in any form, will not be tolerated.

A step forward in protecting victims

The introduction of this legislation marks a pivotal step in safeguarding individuals from the harms associated with non-consensual deepfake images. By criminalising the creation of such content, the Government acknowledges the profound impact on victims and reinforces its commitment to addressing violence against women and girls.

As technology continues to evolve, it is imperative that legal frameworks adapt accordingly to protect individuals’ rights and dignity. This new law represents a proactive approach to ensuring that advancements in technology do not come at the expense of personal autonomy and safety.

Notwithstanding the creation of a criminal statute dealing with such issues, past experience of application of statutes that have both criminal and civil effect such as the Protection from Harassment Act tells us that enforcement of such laws is likely to be patchy across different forces/locations and could well become a lottery as to whether an individual is protected or not. Should the police be unwilling to take action, it is still possible for individuals to take action personally through the civil Courts to seek removal of the images, but also compensation for the distress caused.