Creating sexually explicit deepfakes to be a criminal offence

Creating sexually explicit deepfakes to be a criminal offence

The creation of sexually explicit “deepfake” images will be made a criminal offense in England and Wales under new laws, the government has said.

Under the law, anyone who makes explicit images of adults without their permission will face a criminal record and unlimited fines.

It will apply regardless of whether the creator of the image intended to share it, the Ministry of Justice (MoJ) said.

And if the image is then shared more widely, they could face jail.

A deepfake is an image or video that has been digitally altered with the help of Artificial Intelligence (AI) to replace one person’s face with someone else’s.

Recent years have seen an increasing use of technology to add the faces of celebrities or public figures – often women – to pornographic films.

Channel 4 News presenter Cathy Newman, who found her own image used as part of the fake video, told BBC Radio 4’s Today program it was “very invasive”.

Ms Newman discovered she was a victim as part of a Channel 4 investigation into deepfakes.

“It violates… it’s my type and not me,” she said, explaining that the video featured her face but not her hair.

Ms Newman said finding the perpetrators was difficult, adding: “This is a worldwide problem, so we could legislate in this jurisdiction, it might not affect whoever created my video or the millions of other videos out there out there.”

He said the person who created the video has yet to be found.

Under the Online Safety Act, which was passed last year, sharing deepfakes is illegal.

The new law will make it an offense for someone to create a sexually explicit deepfake – even if they have no intention of sharing it but “merely want to cause anxiety, humiliation or distress to the victim”, the MoJ said.

Clare McGlynn, a professor of law at Durham University who specializes in the legal regulation of pornography and online abuse, told the Today program that the law has some limitations.

He said it would “only criminalize when you can prove someone created the image with the intention of causing distress”, and this could create a loophole in the law.

It will apply to images of adults, as the law already covers this behavior where images of children, the MoJ said.

It will be introduced as an amendment to the Criminal Justice Bill, which is currently going through Parliament.

Minister for Victims and Protection Laura Farris said the new law would send “a clear message that making this material is immoral, often misogynistic, and criminal”.

“The creation of false sexual images is despicable and totally unacceptable regardless of whether the images are shared,” he said.

“It’s another example of how certain people try to demean and degrade 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.”

File on 4: Insulted by Deepfakes
Cally Jane Beech, a former Love Island contestant who earlier this year was the victim of a deepfake image, said the law was “a big step in further strengthening the law around deepfakes to better protect women”.

“What I experienced was beyond embarrassment or inconvenience,” he said.

“Too many women continue to have their privacy, dignity and identity compromised by malicious individuals in this way and it needs to stop. The people who do this need to be held accountable.”

Shadow home secretary Yvette Cooper described the creation of the image as a “gross violation” of a person’s autonomy and privacy and said it “cannot be tolerated”.

“Technology is increasingly being manipulated to produce misogynistic content and embolden the perpetrators of Violence Against Women and Girls,” he said.

“That’s why it’s important for governments to address this rapidly changing threat and not be overwhelmed by it.

“It is essential that police and prosecutors are equipped with the training and tools necessary to strictly enforce these laws to stop perpetrators from acting with impunity.”