Ministers Urged to Expedite Criminalization of Deepfake Abuse

Calls have been made for ministers to accelerate initiatives aimed at criminalizing the generation of sexually explicit deepfake images. Baroness Owen, a Conservative peer, has put forward a legislative proposal that would establish the creation or solicitation of intimate images of individuals without their consent as a criminal offense. The government has withheld support for her proposed bill, which would be applicable in England and Wales, citing its intention to introduce its own legislation to address this matter in the coming year. Nevertheless, Baroness Owen condemned ministers for “delaying action,” asserting that this constituted “a betrayal of those who need our protection the most.” A deepfake refers to an image or video that has undergone digital modification using Artificial Intelligence (AI) to substitute one person’s face with another’s. Baroness Owen highlighted the rapid increase in the production of sexually explicit deepfakes, noting the widespread availability of “nudification” applications online. Her proposed legislation would introduce new criminal offenses, with convictions potentially leading to a fine and a maximum of six months’ imprisonment. However, the bill’s enactment into law is improbable without the government’s endorsement. Baroness Owen, who previously served as an adviser to Boris Johnson, became the youngest member of the House of Lords last year following her nomination by the former prime minister in his resignation honours list. Presenting her bill within the chamber, Baroness Owen stated that 99% of sexually explicit deepfakes depict women, characterizing this as a “disproportionately sexist form of abuse.” She informed her fellow peers that AI implies “a woman can no longer choose who owns an intimate image of her.” She further elaborated, “Technology has made it possible for them to be created by anyone, anywhere, at anytime, regardless of whether she consents.” The peer referenced studies indicating that a particular application processed 600,000 images within its initial three weeks, and the largest website “dedicated to deepfake abuse” recorded 13.4 million monthly visits. The Labour Party’s general election manifesto included a pledge to prohibit the creation of sexually explicit deepfakes, and justice minister Lord Ponsonby affirmed the government’s consensus that greater efforts are required to safeguard women from this type of abuse. He appended, “But we must also act carefully so that any new measures work with existing law and, most importantly, will effectively protect victims and bring offenders to justice.” Lord Ponsonby stated that the government intends to fulfill its manifesto pledge and present its own legislative proposals next year. Baroness Owen expressed that she was “devastated” by the government’s lack of support for her bill, further stating, “I know that survivors will feel let down.” She reiterated, “This bill will save lives and delaying action is a betrayal of those who need our protection the most.” Liberal Democrat peer Baroness Grender characterized the bill as “essential,” remarking, “Women can’t suffer delay on this issue.” The dissemination or threat of disseminating sexually explicit deepfake images is already prohibited in England and Wales under the Online Safety Act, enacted last year. The preceding Conservative government had also committed to criminalizing the creation of such images. Nevertheless, its proposed measures did not progress to law due to the calling of the general election in May. Advocates had voiced apprehension that these proposals would only render the creation of such images a crime if there was an intention to inflict “alarm, humiliation or distress to the victim,” as opposed to simply the individual not consenting to their image’s use in this manner. Baroness Kidron, an online safety advocate, implored the Labour government to guarantee that any forthcoming legislation would not necessitate the demonstration of malicious intent. The crossbench peer asserted, “The one thing we know is that, if you have to prove intent, it is worse than useless.” Baroness Owen stated that her bill would operate on a consent basis, thereby removing the obligation from the victim to establish intent. Lord Ponsonby indicated that the government was “actively considering” this matter. However, he also noted that in a criminal proceeding, “the onus is never on the victim to marshal evidence or to prove intent of the perpetrator,” clarifying that this responsibility rests with the police and prosecutors. Andrea Simon, who serves as the director of the End Violence Against Women Coalition, emphasized that any legislation, to be effective, must be consent-based and encompass both solicitation and creation. She concluded, “The public wants to see change and the government must now deliver on this manifesto commitment.”