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.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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