New Legislation Targets Deepfakes and Intimate Image Abuse
On 7th January 2025, the UK government announced vital legislative changes aimed at addressing the misuse of deepfake technology and tackling intimate image abuse. These measures form part of a broader initiative to combat violence against women and girls, ensuring the criminal law is equipped to respond to emerging technological threats.
The Threat Posed by Deepfake Technology
Deepfake technology allows for the creation of highly realistic synthetic media, including images, videos, or audio, using artificial intelligence. While these innovations have legitimate applications, their misuse to create sexually explicit content without consent has become a significant issue. Victims are primarily women and girls who often suffer severe psychological and emotional harm along with a profound loss of privacy and control.
Currently, creating sexually explicit deepfakes is not a criminal offence in the UK, although sharing or threatening to share such content is prohibited under the Sexual Offences Act 2003. This legislative gap has allowed individuals to exploit AI technology without facing prosecution for the act of creating deepfake content itself. However, with the introduction of the new legislation, this is set to change.
The government’s announcement includes a specific offence that will criminalise the creation of sexually explicit deepfakes, ensuring that both the creation and sharing of such harmful images are punishable by law. This long-overdue change addresses the growing threat posed by this technology and sends a clear message that creating non-consensual intimate images will no longer go unpunished.
Key Legislative Changes
The government’s new measures, to be introduced as part of the Crime and Policing Bill, include a set of offences designed to strengthen protections for victims of intimate image abuse and tackle the misuse of deepfake technology. This includes:
Criminalising Deepfake Creation
Creating sexually explicit deepfake images without consent will become a criminal offence. This targets those who exploit AI to fabricate intimate content, with offenders facing up to two years in prison.
New Rules for Intimate Image Recording
The law will now criminalise the taking or recording of intimate images without consent in all scenarios, including cases where the intent is to humiliate, distress, or alarm the victim.
Offence for Equipment Installation
Installing, adapting, or maintaining devices, such as hidden cameras, to capture intimate images without consent will also be an offence. Those convicted could face up to two years in custody.
These legislative updates, once the Crime and Policing Bill is enacted, will close significant gaps in current laws. They mark a clear commitment from the government to ensuring victims of deepfake and intimate image abuse have robust legal protections, with offenders held fully accountable under the new framework.
Legal Consequences for Offenders
Under the updated legislation, offenders who create, share, or facilitate the distribution of deepfake or intimate images without consent could face custodial sentences of up to two years. Courts will also have the authority to confiscate devices used in the commission of these offences, ensuring harmful materials are removed from circulation.
In serious cases, offenders may be placed on the Sex Offenders Register, depending on the nature of the crime, such as whether it involved sexual gratification or intentional harm to the victim. This designation carries significant long-term implications, including restrictions on employment and travel.
These measures align with recommendations from the Law Commission and build on protections introduced in the Online Safety Act 2023, providing law enforcement with stronger tools to address these offences. Once enacted, the Crime and Policing Bill will send a clear message that the misuse of technology to exploit or harm others will face decisive penalties.
Legal Consequences for Technology Platforms
The increase in deepfake and intimate image abuse highlights the critical responsibility of technology companies in preventing harm. Platforms that host intimate or explicit content are subject to heightened scrutiny under the Online Safety Act 2023, which designates the sharing of intimate images without consent as a priority offence. This means platforms are legally required to take proactive measures to identify, remove, and prevent the circulation of such harmful material.
Failure to comply with these obligations can lead to significant penalties enforced by Ofcom, the UK’s communications regulator. These penalties may include substantial fines and, in severe cases, restrictions on a platform’s operations. The legislation places a clear onus on tech companies to prioritise user safety and demonstrate accountability in combating abuse facilitated by their services.
By addressing the responsibilities of platforms, the government is aiming to reduce the spread of harmful content, protect victims, and create a safer online environment. However, the effectiveness of these measures will depend on the willingness of companies to implement robust detection systems, enforce community standards, and collaborate with law enforcement to address offenders.
What to Do if You’re Accused of a Deepfake Porn Offence?
If you are facing allegations involving deepfakes or intimate image offences, it is vital to seek expert legal advice as soon as possible. Cases involving these emerging areas of law can be highly complex, often involving detailed digital evidence and serious legal consequences. Acting quickly to understand your rights and build a strong defence is essential.
At Draycott Browne, our experienced team of Sexual Offence Solicitors provides expert guidance to clients accused of serious offences, including those involving non-consensual intimate images and deepfake content. With over 20 years of experience, we are committed to offering professional, discreet, and effective legal representation tailored to your specific circumstances.
We also have a dedicated team of Indecent Image Solicitors who specialise in cases involving the creation, possession, or distribution of indecent materials. Whether you are under investigation or facing prosecution, we will work tirelessly to ensure your rights are protected and that you receive the best possible outcome.
Contact us today for a confidential discussion about your case. Our Criminal Solicitors are here to provide you with the support and expertise you need during this challenging time.