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UK Government Proposes Criminalising Deepfake Creation: Protecting Privacy & Dignity
The creation of sexually explicit deepfake images to be criminalised in England and Wales. Offenders face criminal record, unlimited fine, and potential imprisonment. Deepfakes are digitally altered images or videos using AI to replace faces.
The UK government has announced plans to make the creation of sexually explicit "deepfake" images a criminal offence in England and Wales. Under the proposed legislation, individuals who create explicit images of adults without their consent will face a criminal record and an unlimited fine. The law will apply regardless of whether the creator intended to share the images.
If the deepfake is then shared more widely, the offender could also face imprisonment.
Deepfakes are images or videos that have been digitally altered using Artificial Intelligence (AI) to replace the face of one person with another. In recent years, there has been a rise in the use of this technology to insert the faces of celebrities or public figures, often women, into pornographic films. Channel 4 News presenter Cathy Newman, who discovered her own image being used in a deepfake video, described the experience as "incredibly invasive."
Ms. Newman emphasised the difficulty in identifying the perpetrators, stating that this is a worldwide problem and legislation in one jurisdiction may not have an impact on those responsible for creating and sharing deepfake videos. The sharing of deepfakes was already made illegal under the Online Safety Act, which was passed last year. However, the new law will specifically criminalise the creation of sexually explicit deepfakes, even if there is no intention to share them, but solely to cause alarm, humiliation, or distress to the victim.
While the legislation has been welcomed as a step towards protecting individuals from the harmful effects of deepfakes, some experts have raised concerns about its limitations. Clare McGlynn, a law professor at Durham University specialising in the regulation of pornography and online abuse, highlighted that the law will only criminalise cases where it can be proven that the image was created with the intention to cause distress. This could potentially create loopholes in the legislation.
The new law will apply to images of adults, as the existing law already covers this behavior when the image involves a child. It will be introduced as an amendment to the Criminal Justice Bill, which is currently being discussed in Parliament. Minister for Victims and Safeguarding Laura Farris emphasised that the law sends a clear message that creating deepfake sexual images is immoral, misogynistic, and a crime, regardless of whether the images are shared or not.
Former Love Island contestant Cally Jane Beech, who was a victim of deepfake images earlier this year, praised the law as a significant step in strengthening protections for women. She emphasised the need to hold individuals accountable for compromising the privacy, dignity, and identity of women through malicious deepfake creations. Shadow Home Secretary Yvette Cooper also condemned the creation of deepfake images as a gross violation of autonomy and privacy, calling for the government to stay ahead of these fast-changing threats and equip law enforcement with the necessary tools to enforce the laws effectively.
The creation of sexually explicit deepfake images to be criminalised in England and Wales.
Offenders face criminal record, unlimited fine, and potential imprisonment.
Deepfakes are digitally altered images or videos using AI to replace faces.
Source: BBC