New Deepfake Legislation

What’s Changed

The UK Government has introduced new deepfake legislation, expanding the law and making the punishment more severe. Previously, the UK’s Online Safety Act had made it illegal to share non-consensual imagery, though the creation of such content was still legal.

In a survey carried out by ESET, a global leader in cyber security, revealed that 50% of British women increasingly worry about becoming a victim to the creation of deepfake pornography. As a response to these growing concerns, the UK Government have announced new deepfake legislations, now making it illegal to both create and share any un-consensual deepfake images generated by AI and apps.

Perpetrators who create sexually explicit “deepfakes” of adults could now be prosecuted under new laws introduced to protect women and girls. While it has long been illegal to create such content involving children, the law now extends this protection to those over 18, acknowledging the Ministry of Justice’s concerns about the rapid proliferation of hyper-realistic deepfake images causing serious harm.

Effectively, those convicted are now subject to face an unlimited fine as well as prosecution and if shared publicly, can be looking to face jail time. According to the Ministry of Justice, the law applies to anyone who commits the offence of creating the image, regardless of whether they had any intent to share.  Justice Minister Alex Davies-Jones said perpetrators of the new offences would “face the full force of the law.”

Ms Davies-Jones said:

 “It is unacceptable that one in three women have been victims of online abuse….This demeaning and disgusting form of chauvinism must not become normalised, and as part of our Plan for Change we are bearing down on violence against women – whatever form it takes. These new offences will help prevent people being victimised online. We are putting offenders on notice – they will face the full force of the law.”

Broadcaster Jess Davies, who has raised awareness about deepfakes, was among the campaigners who welcomed the plans. She said intimate-image abuse is “a national emergency that is causing significant, long-lasting harm to women and girls who face a total loss of control over their digital footprint, at the hands of online misogyny.”

“Women should not have to accept sexual harassment and abuse as a normal part of their online lives, we need urgent action and legislation to better protect women and girls from the mammoth scale of misogyny they are experiencing online,” Ms Davies added.

The move is part of a package of laws being introduced in relation to intimate images. Under the fresh laws, the capturing of intimate images without consent will be punishable with a prison sentence of up to two years.

It is already an offence to share, or threaten to share, an intimate image without consent. However, it is currently only a crime to take an image without consent in certain circumstances such as upskirting.

Meanwhile, a new law will also mean those who install equipment with the intent of capturing intimate images without consent could face up to two years in prison.

This law marks a significant stride in addressing the form of abuse particularly affecting women and young girls. As stated by Laura Farris, Minister for Victims & Safeguarding:

Key Deepfake Legislative Changes:

• Criminal Offence for Creating and Sharing Deepfakes: Perpetrators can face up to two years in prison for both creating and sharing non-consensual sexually explicit deepfakes.
• Prosecution for Taking Intimate Images Without Consent: New offences will target those who take intimate images without consent, with penalties of up to two years’ imprisonment.
• Criminalising the Installation of Surveillance Equipment: The use of equipment to capture intimate images without consent will also be criminalised, further closing gaps in current laws.

The Impact on Digital Forensics and Investigations:

At CYFOR Digital Forensics, we specialise in investigating digital crimes and support victims of online abuse by providing expert analysis and evidence collection services. This legislation empowers us further to assist law enforcement and victims by:

• Identifying perpetrators through advanced forensic tools and methodologies.
• Assisting in the gathering of legally admissible evidence for prosecution.
• Providing expert witness services to support legal proceedings against offenders.

The Governments Approach to Online Safety:

This legislature development is part of the Government’s broader strategy to combat violence against women and girls, fulfilling commitments under the Plan for Change and aligning with the Online Safety Act’s focus on holding platforms accountable. Platforms hosting such content will now face increased scrutiny and the risk of significant penalties if they fail to remove harmful material.

Call to Action:

The fight against online abuse requires collaboration between government bodies, tech companies, and digital forensics experts. CYFOR remains committed to supporting these efforts by using our expertise to safeguard digital spaces and protect victims of online abuse.

For more information on how CYFOR can assist with digital forensics and cyber security solutions, contact us today.