UK to Criminalize Deepfake Pornography | Deepfake Law

UK Criminalizes Deepfake Creation

The United Kingdom is progressing with legislative measures to specifically criminalize the production of sexually explicit deepfake images.

A deepfake is defined as media – frequently video or audio – that has been manipulated using artificial intelligence. This technology can be used to falsely depict individuals saying or doing things they never actually did.

Expanding Legal Scope

Existing legislation, the Online Safety Act enacted last year, already prohibits the sharing – and even the threat of sharing – sexually explicit deepfake content.

However, the creation of such content was previously not subject to legal penalties. To address this gap, the Ministry of Justice has announced intentions to broaden the scope of current regulations.

These revised rules will encompass individuals involved in the creation of deepfakes, regardless of their participation in any subsequent distribution.

Political Context and Continuity

Prior to this, the preceding Conservative government had outlined comparable plans.

Following the change in government in July, the future direction of policy under Prime Minister Keir Starmer was initially uncertain.

However, the Labour party had committed to more robustly addressing the issue of deepfakes within its election manifesto.

Notably, Starmer himself was the target of a deepfake video designed to damage his reputation, falsely portraying him as endorsing an investment opportunity.

International Comparison: The US Position

Currently, the United States lacks specific federal legislation to combat deepfakes.

Nevertheless, several states are actively pursuing legislation to address this emerging threat.

California is among these states, but its efforts are facing legal challenges; Elon Musk’s X is currently suing to prevent the law from being implemented.

Deepfakes pose a significant threat to individuals and require careful consideration by lawmakers.

Online Abuse and New UK Government Measures

Advances in technology have empowered individuals to generate realistic deepfake images and audio, potentially facilitating deceptive practices like impersonation fraud. The U.K. government’s recent announcement centers on addressing sexually explicit deepfake content, recognizing its disproportionate impact on women.

Parliamentary Under-Secretary Alex Davies-Jones articulated the government’s stance, stating, “The fact that one in three women experience online abuse is wholly unacceptable.” She further emphasized the need to combat this degrading and offensive form of sexism, framing it as a key component of their broader “Plan for Change” aimed at reducing violence against women in all its manifestations.

Expanding Legal Protections

Alongside the focus on deepfakes, the government intends to broaden the application of existing legislation concerning the non-consensual capture of intimate images. Current laws are limited to specific instances, such as upskirting.

For instance, individuals installing surveillance devices – like concealed cameras – with the intent of capturing intimate images could face a potential prison sentence of up to two years. Upskirting is defined as the act of photographing or video recording under a person’s clothing to view their intimate areas without their knowledge or consent, motivated by sexual gratification or the intent to cause distress.

The precise timeline for implementing these changes remains unspecified. However, the government plans to incorporate them into the forthcoming Crime and Policing Bill, subject to parliamentary scheduling.

• Deepfakes: Synthetically created media that convincingly portrays individuals doing or saying things they never did.
• Upskirting: The act of taking a photograph or video underneath a person’s clothing without their consent.

These measures represent a significant step towards addressing the growing threat of online abuse and protecting vulnerable individuals from exploitation. The government’s commitment to updating legislation reflects a proactive approach to tackling these evolving challenges.