The UK Government has revealed a new law today to that makes the creation of sexually explicit ‘deepfake’ imagery a criminal offence, as part of a strategy to target offences made against women.
Deepfake images have become more prevalent in recent years, with fake images and videos made to look hyper-realistic with the victim usually unaware and unable to give their consent to being sexualised in such a way.
There was a fan outcry back in January when an AI-generated explicit image of Taylor Swift went viral on X. The social media platform went on to bar searches for her name in order to stop the spread of the images.
On Tuesday, the Ministry of Justice announced that under the law, those who create horrific images without consent face a criminal record and an unlimited fine. If that image is then shared more widely, the offenders could be sent to jail.
It will also strengthen existing offences, as if a person both creates this kind of image and then shares it, the Crown Prosecution Service (CPS) could charge them with two offences, potentially leading to their sentence being increased.
This comes after the Government made reforms in the Online Safety Act last year to criminalise the sharing of ‘deepfake’ intimate images for the first time.
However, this new law today, will be introduced through an amendment to the Criminal Justice Bill, will mean anyone who makes these sexually explicit deepfake images of adults maliciously and without consent will face the consequences.
Minister for Victims and Safeguarding, Laura Farris stated that “the creation of deepfake sexual images is despicable and completely unacceptable irrespective of whether the image is shared.”
“It is another example of ways in which certain people seek to degrade and dehumanise others – especially women. And it has the capacity to cause catastrophic consequences if the material is shared more widely. This government will not tolerate it.”
“This new offence sends a crystal clear message that making this material is immoral, often misogynistic, and a crime,” she added.
Commenting on the new law, Mark Jones, partner at law firm Payne Hicks Beach, said: “The UK government is the first to consider making the creation of a deepfake an offence. This would be a welcome and necessary development to protect victims.”
“Whilst the Online Safety Act went someway to solve the problem of sharing and posting sexually explicit deepfakes, the only real solution is targeting the creators. It remains to be seen whether an overstretched police force has sufficient resources to investigate and bring perpetrators before the courts,” he added.