A new law will make it illegal to create sexually explicit deepfake images without consent, according to the UK government. Under the proposed legislation, those found guilty could face an unlimited fine and a criminal record. Even if the image is not shared, perpetrators could be penalized if they had intended to cause harm, distress or humiliation to the victim. Deepfakes are videos or images that have been doctored using artificial intelligence (AI). Although the technology has been used for legitimate purposes, like improving video conferencing platforms, it is increasingly being exploited to create pornographic content using the faces of celebrities or non-consenting individuals.
The Online Safety Act, which was passed in 2020, had already made sharing deepfakes illegal. It is hoped that this new amendment to the Criminal Justice Bill will have a deterrent effect, and send a message that creating explicit images is “immoral, often misogynistic, and a crime”, said Laura Farris, Minister for Victims and Safeguarding. While the law will only apply to adult images – as the law already covers the use of deepfakes featuring children – former Love Island contestant Cally Jane Beech has welcomed the proposed legislation as a “huge step”. Earlier this year, she became the victim of deepfake images, and said perpetrators “need to be held accountable”.
Labour’s Shadow home secretary echoed Beech’s views, describing the creation of deepfakes as a “gross violation” and “must not be tolerated”. She added that the new laws “vital” in the bid to stay ahead of “fast-changing threats” and to protect women from violence. The publication of explicit images or videos without consent can have devastating consequences for victims, in some cases leading to harassment, abuse, or an inability to find employment later in life. As deepfake technology continues to evolve, regulation and legal repercussion could be key to preventing its wider misuse.
The UK’s proposed new law comes as governments around the world are exploring ways to curb the proliferation of explicit images online. Japan passed a law in 2019 that made it illegal to distribute deepfake pornography without consent, while in the US a bill aimed at regulating deepfakes was introduced in 2019 before stalling in the Senate. Experts have said that while the technology is not inherently negative, it has the potential to be exploited for malicious purposes. Alongside regulation, initiatives to develop technology that can detect fake images are also under way
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