Insights Deepfakes: New offences to be introduced to address sexually-explicit deepfakes

The Government has announced that new offences will be included in the Crime and Policing Bill that will criminalise the creation of sexually explicit deepfake images.

We previously commented on similar plans by the previous government as part of its Criminal Justice Bill (see here). However, the Bill ultimately failed to survive the winding up of Parliament before the general election.

The new Bill will build on laws that already make it an offence to share (or threaten to share) an intimate image without consent, as well as action taken last year to include ‘sharing intimate image offences’ as priority offences under the Online Safety Act 2023 (on which we commented here).

The bill will introduce a range of new offences, including:

  • Taking or recording an intimate photograph or film without consent or reasonable belief in it;
  • Taking or recording an intimate photograph or film without consent and with intent to cause alarm, distress, or humiliation;
  • Taking or recording an intimate photograph or film without consent or reasonable belief in it, and for the purpose of the sexual gratification of oneself or another.

Offenders will face up to two years in prison, as will those who “install or adapt, prepare or maintain equipment” with the intent of enabling themselves or another to commit one of the three listed offences.

Commenting on the announcement, the Technology Minister, Baroness Jones, said, “the rise of intimate image abuse is a horrifying trend that exploits victims and perpetuates a toxic online culture. These acts are not just cowardly, they are deeply damaging, particularly for women and girls who are disproportionately targeted. With these new measures, we’re sending an unequivocal message: creating or sharing these vile images is not only unacceptable but criminal. Tech companies need to step up too – platforms hosting this content will face tougher scrutiny and significant penalties.”

More detail is expected once the Crime and Policing Bill is introduced to Parliament, although no timeframe has yet been provided as to when we might expect that to take place. To read more, click here.