New legislation in England and Wales criminalizes the making of deepfake content, regardless of intent to distribute

In a landmark decision, the UK government has declared the creation of sexually explicit deepfake images and videos a criminal offence in England and Wales. The announcement came from the Ministry of Justice (MoJ), stating that violators could face unlimited fines and a criminal record.

The new law targets individuals who produce explicit digital content without the consent of those depicted, emphasizing that criminal liability arises irrespective of any intent to distribute these materials. This initiative broadens the scope of accountability beyond the previously established illegal sharing of deepfakes under the Online Safety Act passed last year.

The term “deepfake” refers to the technology that uses artificial intelligence to superimpose one person’s face onto another in video and image content. Historically, this technology has been misused to insert the faces of celebrities and public figures into inappropriate contexts, often without their consent, leading to significant personal and public outrage.

Channel 4 News presenter Cathy Newman, who experienced this violation firsthand, described the act as “incredibly invasive” during an interview on BBC Radio 4’s Today programme. Newman’s ordeal highlights the invasive nature of deepfakes, which she encountered through a Channel 4 investigation where her likeness was used without her permission.

Addressing the legislative update, the MoJ clarified that the law extends to the creation of such content solely for the purpose of causing distress, humiliation, or alarm. Minister for Victims and Safeguarding Laura Farris underscored that the law sends a “crystal clear message” against what she described as inherently immoral and misogynistic behaviour.

Despite the positive reception, some experts warn of potential loopholes. Clare McGlynn, a law professor at Durham University, noted that proving intent to distress might challenge the law’s effectiveness, suggesting that the legislation, while robust, might not fully close the gap in preventing these abuses.

This amendment to the Criminal Justice Bill represents a significant step in curbing digital abuse. The law now not only penalizes the sharing of such content but also its mere creation, reflecting a growing recognition of the need to adapt legal frameworks to keep pace with technological advancements.

Public reactions have been largely supportive. Victims of deepfake abuse, including former Love Island contestant Cally Jane Beech, hailed the law as a crucial advancement in protecting individuals, particularly women, from digital exploitation.

Shadow home secretary Yvette Cooper echoed this sentiment, emphasizing the importance of adapting legal measures swiftly to counteract the rapidly evolving digital threats that disproportionately affect women.

The government’s firm stance on this issue indicates a committed effort to deter the misuse of AI in manufacturing non-consensual explicit content, aiming to safeguard personal dignity and privacy in the digital age.