Creating sexually explicit deepfake images is set to become illegal

A woman on a phone

Credit: Getty

News


Creating sexually explicit deepfake images is set to become illegal

By Susanne Norris

10 months ago

3 min read

The government has announced that people who create these images will face prosecution under a new law.


The creation of sexually explicit deepfake images is set to become illegal under a new amendment to the Criminal Justice Bill – meaning anyone who creates these images can be prosecuted. 

Previously, the Online Safety Act made the sharing of deepfake pornographic images illegal. However, the new law will make it a criminal offence to create these images too. Under the new offence, anyone who creates these images faces a criminal record with an unlimited fine, and if the image is shared more widely, offenders will risk being sent to jail.

In a government press release, Laura Farris, the minister for victims and safeguarding, said: “The creation of deepfake sexual images is despicable and completely unacceptable irrespective of whether the image is shared.

“It is another example of ways in which certain people seek to degrade and dehumanise others – especially women. And it has the capacity to cause catastrophic consequences if the material is shared more widely. This government will not tolerate it.

“This new offence sends a crystal clear message that making this material is immoral, often misogynistic and a crime.”

Keyboard

Credit: Getty Images

Campaigners have welcomed the move, hoping it will afford better protection for women and girls. Cally Jane Beach, a campaigner and former Love Island contestant who was a victim of deepfake pornography, said: “This new offence is a huge step in further strengthening of the laws around deepfakes to better protect women.”

Expanding on her personal experience, Beach added: “What I endured went beyond embarrassment or inconvenience. Too many women continue to have their privacy, dignity and identity compromised by malicious individuals in this way and it has to stop. People who do this need to be held accountable.”

Another campaigner who commented on the news was Andrea Simon, Director of the End Violence Against Women Coalition (EVAW). In a press release issued by EVAW, she stated: “We welcome the criminalisation of the creation of sexually explicit deepfakes as a means to drive tech platforms to take preventative action to address this abuse. This law should lead to obligations on tech platforms and payment providers to stop the promotion and facilitation of this deeply harmful form of violence against women - violence they currently profit from richly.”

However, Simon does also express some reservations about the new law, questioning whether it goes far enough and voicing concern about loopholes. “Unless the government amends the law so that the offence is based on the absence of consent rather than the perpetrator’s intent, there will be a massive loophole in the law,” she expressed. “Evidencing a perpetrator’s intent is not only incredibly difficult, but this loophole provides them with a ‘get out of jail free’ card for their defence, which will ultimately prevent victims from accessing justice. We’ve seen this happen with victims of image-based sexual abuse, and the government has finally acknowledged and fixed this problem by closing the loophole. So why are victims of deepfakes, which are increasing exponentially, being left to suffer the same outcome?”

The new law to criminalise the creation of deepfake sexually explicit images is part of the Criminal Justice Bill, which is currently going through parliament.


Images: Getty

Sign up for the latest news and must-read features from Stylist, so you don’t miss out on the conversation.

By signing up you agree to occasionally receive offers and promotions from Stylist. Newsletters may contain online ads and content funded by carefully selected partners. Don’t worry, we’ll never share or sell your data. You can opt-out at any time. For more information read Stylist’s Privacy Policy

Thank you!

You’re now subscribed to all our newsletters. You can manage your subscriptions at any time from an email or from a MyStylist account.