• Deepfakes images production criminalized in England and Wales
• Legislation targets creators, regardless of dissemination intent
• Law extends to adult images, with penalties for dissemination

The government has announced that the production of sexually explicit “deepfake” images will be criminalised in England and Wales under a new statute.

Unauthorised individuals who create explicit images of adults are subject to a criminal record and an unlimited fine, as stipulated by the legislation.

The provision will be applicable irrespective of the intention of the image’s creator to disseminate it, according to the Ministry of Justice (MoJ).

And if the image is subsequently distributed more broadly, they may be arrested.

A deepfake refers to a digitally modified video or image in which the visage of one individual has been substituted for the face of another individual with the assistance of Artificial Intelligence (AI).

In recent years, technology has been increasingly utilised to insert the faces of public figures or personalities, predominantly women, into pornographic films.

Last year, the Online Safety Act was enacted to prohibit the dissemination of deepfakes.

The new legislation will criminalise the creation of sexually explicit deepfakes, the MoJ said, even if the creators “solely intend to cause alarm, humiliation, or distress to the victim” and have no intention of sharing the content.

It will apply to images of adults, the MoJ stated, because the law already regulates this conduct when the image is of a minor.

As an amendment to the Criminal Justice Bill, which is presently advancing through Parliament, this measure will be proposed.

Laura Farris, the Minister for Safeguarding and Victims, stated that the new legislation would “unambiguously demonstrate that the production of such material is immoral, frequently misogynistic, and unlawful.”

She stated that the creation of deepfake sexual images is abhorrent and entirely reprehensible, regardless of whether the image is shared.

“This serves as an additional illustration of how specific individuals endeavour to degrade and dehumanise others, particularly women.”

Further dissemination of the material possesses the potential to result in catastrophic outcomes. This will not be tolerated by the government.”

Former Love Island contestant and victim of deepfake images earlier this year, Cally Jane Beech, described the legislation as a “huge step towards further strengthening the laws surrounding deepfakes to better protect women.”

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She stated that what she endured exceeded disgrace and inconvenience.

“Masonic individuals continue to violate the privacy, dignity, and identity of an insufficient number of women in this manner; this must cease.” Those responsible for such actions must be held accountable.

The production of the images, according to shadow home secretary Yvette Cooper, “must not be tolerated” as a “gross violation” of an individual’s autonomy and privacy.

She stated that technology is increasingly being manipulated to produce misogynistic content, which empowers those who commit violence against women and girls.

“Therefore, it is critical that the government anticipates and prevents itself from being outpaced by these rapidly evolving threats.”

To prevent criminals from operating without consequence, the police and prosecutors must have the necessary resources and training to enforce these laws rigorously.

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