The Online Safety Act 2023 introduced offences designed to stop both the sharing and threatening to share intimate images including ‘deepfakes’. However, it was not a criminal offence to create these types of images without consent. That is until now. The passing of the proposed introduction of new law will criminalise deepfakes of a sexually explicit nature.

The aim is to provide better protection for victims of sexually explicit deepfakes by making it possible to prosecute those creating deepfakes. It is the latest very public step in the government’s campaign to halve violence against women and girls.

Announced earlier this month, the government’s proposal is to amend the Data (Use and Access) Bill so that gives authorities the right to charge those creating artificial images showing someone naked or engaging in sexual acts either for sexual gratification or to cause alarm, distress, or humiliation with a criminal offence. The installation or ownership of the equipment needed to make intimate images will also be a criminal offence.

If found guilty, the offender would be left facing an unlimited fine.

The amendment has already been put before Parliament in an attempt to ensure the new law is on the statue book as soon as possible.

In a statement following the announcement of the proposed amendment the Justice Minister Sarah Sackman KC said:

“Sexually explicit images created without consent constitute a fundamental violation of women’s autonomy and dignity. As part of its Plan for Change, this Government is determined to clamp down on this degrading and chauvinistic behaviour.

The new offence has been carefully designed to apply to new developments in technology and to provide the best protection to victims. It will apply to ‘purported sexual images,’ including those appearing to show someone naked or engaged in a sexual act.”

Why should the law criminalise deepfakes?

Currently sharing images is a criminal offence but creating images isn’t. This gap leaves victims vulnerable to harm even if the content is never shared publicly even though just knowing the images exist could cause inexorable mental anguish for the victim, made more acute by the fear the images could one day see the light of day.

There also remains a strong argument linking the availability of such sexually explicit images with the development of predatory and sexually violent behaviours. Therefore, cutting off another source of these materials chimes with the government’s mission to halve sexual violence against females.

There is also a need to track down and remove access to the tools the creators are using to minimise the risk of others trying to create similar images. Making it a criminal offence would add a significant deterrent to using these tools and, it is hoped, help cut off the threat at source.

If you are involved in a case involving any of these issues or sexual violence of any sort and would like to discuss the case with one of our experience criminal barristers, please contact us today.