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Creating deepfake porn is about to become illegal

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London, UK
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A new law will serve to protect the overwhelming majority of UK-based women who believe deepfake technology poses a serious threat to their safety.

As the capabilities of Artificial Intelligence (AI) advance, people everywhere have raised concerns about how this technology will impact job security, education, and our everyday lives.

Women, however, have become overwhelmingly concerned about how AI-generated content could impact their safety.

A survey conducted by Glamour in collaboration with the organisation Refuge and Rape Crisis England & Wales found that 91 percent of people believe deepfake technology is a threat to women’s personal safety.

Deepfake tech uses AI to superimpose a person’s face onto any image or video of the creator’s choice. While it has been used to make harmless parody videos of Barack Obama and the late Queen Elizabeth II, it has also been used for more sinister reasons, such as war propaganda.

Mostly though, it’s been used to create deepfake porn. In 2023, 98 percent of all deepfake video content found on the internet was pornographic. Prominent celebrities and politicians have fallen victim to having their faces etched onto videos of a sexual nature, but so have everyday people.

Although various legislation has come into effect to protect the British public in online spaces – including the criminalisation of revenge porn and cyberflashing – laws aimed at dealing with rapidly improving AI software have been slow to emerge.

Finally, a new law which criminalises the use of AI to create deepfake pornographic content has come into effect in the UK. It comes after almost a year of campaigning by GLAMOUR magazine, online safety organisations, and the Law Commission of England and Wales.

How will the law crack down on deepfakes?

Last year, the UK introduced a ‘world-leading’ Online Safety Act and claimed it would make children and adults safer online.

Still, it only went as far as criminalising the distribution or sharing of deepfake pornography.

This created a loophole where individuals could continue creating deepfake porn featuring others without their consent. To avoid legal recourse, creators could simply claim that they did not intend to distribute or share the content with anyone else.

Under the new law, introduced by Conservative MP Laura Farris and the Ministry of Justice, the creation of deepfake pornography is unlawful – full stop.  

Anyone who does so will be punishable with an unlimited fine as well as a criminal record. If the person goes on to share the image or video, they risk facing an increased sentence as well as time in prison.

GLAMOUR magazine and members of organisations working to help victims of online abuse have welcomed the new legislation, calling deepfakes an ‘invisible threat that pervades the lives of all women and girls.’

Why it’s important that deepfakes are being taken seriously

The new legislation is a huge step forward not just for online safety, but in protecting women’s rights to bodily autonomy.

When content of a sexual nature can be created of anyone without their consent, it is a violation of their human rights. Whether the images or videos are distributed by the creator is virtually irrelevant, even more so because it is not guaranteed – the files are always at risk of being be leaked accidentally or accessed by hackers.

This also goes without mentioning the social impact that deepfakes can have on a person’s public and personal image. Becoming a victim of deepfake pornography is not just an inconvenience, it is an infringement of women’s privacy, dignity, and identity.

After encountering a sexually suggestive deepfake video of herself on the internet, US Congresswoman Alexandria Ocasio Cortez said that this content ‘parallels the same intention of physical rape and sexual assault, which is about power, domination, and humiliation. Deepfakes are absolutely a way of digitising violent humiliation against other people.’

Thanks to the collaborative efforts of campaigners, journalists, and politicians, the new deepfake legislation will provide an added level of protection for women across the UK. It is sure to be one of many AI-related laws we’ll see emerging in the next decade.

Senior Writer & Media Coordinator London, UK

I’m Jessica (She/Her). Originally from Bermuda, I moved to London to get a Master’s degree in Media & Communications and now write for Thred to spread the word about positive social change, specifically ocean health and marine conservation. You can also find me dipping my toes into other subjects like pop culture, health, wellness, style, and beauty.  Follow me on Twitter, LinkedIn and drop me some ideas/feedback via email.

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