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Engaging in non-consensual deepfake porn production may soon be illegal in England

April 16, 2024No Comments3 Mins Read
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The creation of sexually explicit deepfake content is on the brink of becoming a criminal offense in England and Wales due to concerns about the exploitation and harassment of women. The UK justice department has announced that under a draft law, anyone who creates such content without consent, even if they don’t intend to share it, could face a criminal record and an unlimited fine. This law aims to combat the use of artificial intelligence in manipulating images or videos to depict individuals engaging in explicit behavior that they have not actually done or said.

Laura Farris, the United Kingdom’s Minister for Victims and Safeguarding, stated that England and Wales could potentially be the first countries globally to outlaw the creation of sexually explicit deepfakes. The new law covers a wide range of content, including pornographic images and nude deepfakes, regardless of the subject’s actions in the content. The creation of deepfakes has caused significant harm to individuals, such as the case of Taylor Swift, whose face was digitally imposed onto explicit images without her consent. This has prompted legal measures to address the issue and protect victims from such exploitation.

The devolved governments of Scotland and Northern Ireland are responsible for implementing equivalent laws in their respective countries, but they have not yet responded to inquiries about their plans for such legislation. The new offense in England and Wales will be introduced through an amendment to the Criminal Justice Bill, currently under review in parliament. This follows last year’s changes to the Online Safety Act, which criminalized the sharing of deepfake sexual images in the two countries.

In the United States, lawmakers have proposed a draft civil law that would enable victims of sexually explicit deepfakes to sue those who create and distribute such content without their consent. Additionally, a directive aimed at criminalizing the creation of sexually explicit deepfakes has been proposed in the European Union, with member states expected to adopt corresponding laws if the rule passes. The offensive nature of deepfakes, particularly towards women, exemplifies how some individuals seek to degrade and dehumanize others using modern technology, leading to the need for legal measures to combat such behavior.

Meta, the parent company of Facebook and Instagram, has pledged to review its handling of deepfake pornography following the circulation of explicit AI-generated images of female public figures on its platforms. Deepfake pornography has been identified as a form of gender-based harassment that targets and intimidates women online and offline. The importance of addressing the issue has been highlighted by various organizations and lawmakers, leading to increased efforts to prevent the creation and dissemination of sexually explicit deepfakes. The introduction of laws and regulations to address this issue reflects a global commitment to protecting the privacy and dignity of individuals from such harmful and degrading content.

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