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UK Cracks Down on Deepfakes: Creating non-consensual Deepfake Pornography may soon become Illegal in England

Deepfakes, manipulated videos or images using artificial intelligence, have become a growing concern, particularly regarding their misuse in creating non-consensual sexual content. To combat this alarming trend, England and Wales are taking a significant step forward by criminalizing the creation of such deepfakes.

Landmark Legislation Targets Perpetrators

The UK government announced a draft law that makes it a criminal offense to create deepfakes depicting explicit sexual acts involving another adult, even without the intention of sharing them. Offenders face the harsh consequence of a permanent criminal record and a potential fine of unlimited value. This builds upon existing legislation that already criminalizes the distribution of non-consensual deepfakes.

Global First in Combating Deepfake Abuse

Laura Farris, the UK’s Minister for Victims and Safeguarding, highlighted the pioneering nature of this legislation. To her knowledge, England and Wales are the first in the world to criminalize the creation of sexually explicit deepfakes, sending a strong message of deterrence.

Broad Definition Encompasses Different Types of Content

The new law encompasses a broad range of explicit content, including both pornography and nude deepfakes, regardless of whether the subject is portrayed in a sexual act. This comprehensive definition ensures no exploitative content falls through the legal cracks.

International Efforts to Combat the Issue

While England and Wales lead the charge, other regions are taking action as well. Scotland and Northern Ireland, governed separately within the UK, are yet to announce similar legislation but may follow suit. Additionally, the European Union has proposed a directive criminalizing the creation of sexually explicit deepfakes, potentially leading to a standardized approach across the continent.

U.S. Leans Towards Civil Solutions

In the United States, lawmakers are exploring a different approach. A draft civil law would empower victims of deepfake abuse to sue the creators and distributors of such content. This approach focuses on compensating victims and potentially deterring future offenses through legal action.

Protecting Women from Online Harassment

The UK government emphasizes the disproportionate impact of deepfakes on women. Minister Farris condemns the practice as a form of “degradation and dehumanization,” often targeting women. This legislation aims to dismantle this tool used to silence, intimidate, and harass women online and offline.

Social Media Platforms Under Scrutiny

The recent circulation of explicit deepfakes on platforms like Facebook and Instagram has shone a light on the responsibility of social media companies. Meta, the owner of these platforms, has acknowledged the issue and is reviewing its approach to handling deepfake pornography.

Conclusion

The UK’s groundbreaking legislation marks a significant step in combating the misuse of deepfakes. By criminalizing the creation of sexually explicit deepfakes, England and Wales hope to deter perpetrators, protect victims, and encourage a safer online environment for all. The international community is taking notice, with efforts underway to address this growing concern through various legal and technological solutions.

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