Creating deepfake porn content without the consent of those depicted in it is set to become illegal in England and Wales, following an amendment to the criminal justice bill, though there are still some gray areas.
Deepfake porn photos and videos, often depicting fake images of real people engaging in hardcore sex acts, have become increasingly common and lifelike in the last few years. Much deepfake porn depicts celebrities, but some is made for nefarious purposes such as revenge porn, which is already illegal in the UK.
The sharing of deepfake porn without consent became illegal in England and Wales in October 2023, with the passing of the Online Safety Act. Now just creating deepfake porn without consent will become illegal in the two countries, punishable by jail sentences and fines.
The amendment to the criminal justice bill that will impose the law change is currently making its way through UK parliament.
Laura Farris, the UK minister for victims and safeguarding, said creating deepfake porn without consent was “unacceptable irrespective of whether the image is shared.”
She added: “It is another example of ways in which certain people seek to degrade and dehumanize 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.”
The legal amendment was supported by the government’s main opposition party, Labour. Yvette Cooper, Labour’s shadow home secretary, said it was “welcome that the government has accepted Labour’s calls to criminalize the creation of deepfake pornography.”
“It’s essential that the police and prosecutors are equipped with the training and tools required to rigorously enforce these laws in order to stop perpetrators from acting with impunity,” she added.
However, in its currently proposed form, the amendment would only allow for prosecution of creation of deepfake porn if it could be proven there is malicious intent. Of course, sharing it would remain against the law.
Recently Giorgia Meloni, the Italian Prime Minister, sued two men for defamation after they allegedly created deepfake porn content depicting her.
Meanwhile, an art and design team recently released a 3D printed camera called the Nuca, that can create deepfake nude images of people shortly after it takes their ‘real’ photograph. The camera’s creators said the camera was a prototype art project made to highlight the ethical problems of deepfakes.
VR porn company SexLikeReal is reportedly working on deepfake video technology that would allow ‘face swapping’ between different adult performers in its VR porn videos. The company said it would only use the technology if actors depicted in the videos gave full consent.
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