Creating Sexually Explicit Deepfake Images: New Law Explained

The government has announced plans to implement new laws to make the creation of sexually explicit deepfakes a criminal offence, also create new offences for the taking of intimate images without consent and the installation of equipment with intent to commit these offences. This expands the laws surrounding deepfake images where at the moment the law only prohibits sharing such images. The changes come in response to the governments Plan for Change and manifesto commitment to protect women and girls.

While it is already an offence to share – or threaten to share – an intimate image without consent, it is only an offence to take an image without consent in certain circumstances, such as up-skirting.. Under the new offences, anyone who takes an intimate image without consent faces up to two years’ in prison. Those who install equipment so that they, or someone else, can take intimate images without consent also face the potential for a custodial sentence of two years.

These new offences follow the Government’s action in September 2024 to add sharing intimate image offences as priority offences under the Online Safety Act. This put the onus on platforms to root out and remove this type of content - or face enforcement action from Ofcom.

What is a Deepfake Image?

A deepfake image is an image that is created using artificial means to create or alter images that appear as realistic and authentic content. The development of AI and computer software is opening the floodgates for Deepfakes to be created, which does have the ability to cause significant harm to people who become the subject of a deepfake image.

The Current Law

The Sexual Offences Act 2003 currently provides legislation that prohibits sharing intimate photographs/films intentionally which shows, or appears to show another person in an intimate state, and:

The person does not consent to the sharing of the photograph or film, and there is no reasonable belief that they consent (Section 66B (1)); or

The image/video is shared with the intention to cause alarm distress or humiliation, and there is no consent given for the image/film to be shared (section 66B (2)); or

The image or film is shared for the purpose of the person sharing, or another to obtain sexual gratification, there is no consent given to the sharing of the image/film, and there is no reasonable belief in consent.

References to a photograph or film are defined within the act to include deepfakes as follows:

(a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,

(b) a copy of a photograph, film or image within paragraph (a), and

(c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a)

Recording Intimate Images Without Consent

As part of the Criminal Justice Bill, which continues its passage through Parliament, the government is also creating a range of new criminal offences to punish those who take or record intimate images without consent - or install equipment to enable someone to do .

These changes in the Criminal Justice Bill will build on the existing ‘up-skirting’ offence, and will repeal two existing voyeurism offences that relate to the recording of a person doing a private act, and recording an image beneath a person’s clothing. The range of new offences will include:

intentionally take or record an intimate image or film without consent or a reasonable belief in consent
take or record an intimate image or film without consent and
with intent to cause alarm, distress or humiliation; or
for the purpose of sexual gratification

Deepfakes and Indecent Images of Children

The law surrounding the creation and sharing of deepfake images is aimed at individuals over the age of 18. The law relating to computer generated images of children is and has been in place for many years under section 62 of the Coroners and Justice Act 2009. This offence is targeted at non-photographic images including Computer-Generated Images (CGIs), cartoons, manga images and drawings. It criminalises the possession of images of a child which are intimate or depict sexual activity, which are pornographic and also grossly offensive, disgusting or of an obscene character.

How Eventum Legal Can Help

It is usually unexpected for many when the police arrive at their home or work arrest and seize devices, the shock and fright can lead a suspect to say and do things which may harm any future defence. It is therefore crucial to seek specialist legal advice and representation when in this vulnerable position to protect your legal rights and interests.

Our team are dedicated to ensuring the right outcome is achieved for our clients, if you have been accused of an image offence then contact our team for a free and confidential discussion. From that we will put a tailored action plan in place to defend you.

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