As Britain prepares to make the creation of sexually explicit deepfakes a criminal offense, experts warn that while this step is crucial, a more comprehensive legal framework is needed to fully tackle technology-facilitated abuse and protect victims from the growing threats posed by digital misogyny.
On January 7, 2025, the British government announced plans to criminalize the non-consensual creation of sexually explicit deepfakes as part of its upcoming Crime and Policing Bill. This measure, aimed at combating online violence against women and girls (VAWG), represents a significant move forward.
The bill also addresses other forms of non-consensual intimate content, including taking intimate images without consent and the installation of equipment to capture such material. However, while this legislation marks progress, experts argue it is not enough.
Technology-facilitated abuse, especially through AI-generated deepfakes, has become a powerful tool for misogyny and online harassment. The use of deepfakes to create sexually explicit material without consent is causing widespread psychological harm and threatening the privacy of countless women and girls.
Despite the government’s commitment to following the Law Commission’s recommendations on intimate image-based abuse, experts believe that the legal framework must be expanded to address the broader problem. The rise of technology-facilitated misogyny, which has been linked to the radicalization of young men online, underscores the need for stronger protections.
Al tools that enable the creation of deepfakes are now widely available, and their unchecked use is contributing to a growing epidemic of sexual exploitation. Data from the National Police Chiefs’ Council shows that VAWG-related crimes rose by 37% between 2018 and 2023, with technology being involved in 40% of those offenses.
The increasing use of deepfake technology exacerbates this crisis, enabling perpetrators to digitally manipulate images, turning everyday photos into explicit content without the subject’s consent. This not only invades victims’ privacy but also has long-term effects on their mental health and reputations.
The Online Safety Act 2023 introduced laws against sharing intimate images without consent, including deepfakes, but it does not criminalize the creation of such content. Experts argue that even if these images are not publicly shared, their mere existence can cause significant harm.
Furthermore, the tools used to create deepfakes remain largely unregulated, allowing offenders to easily access and exploit them for malicious purposes. In addition to addressing the creation of deepfakes, experts are calling for stricter laws on the possession of non-consensual intimate images. Current laws on voyeurism and upskirting do not fully cover the act of possessing such images, leaving victims vulnerable to ongoing abuse.
Possession laws would prevent offenders from retaining control over the intimate images, offering victims a way to reclaim their privacy and dignity. While the UK government’s efforts to combat deepfakes and digital abuse are commendable, experts emphasize the need for a stronger, more comprehensive legal approach.
Only by criminalizing the creation, distribution, and possession of sexually explicit deepfakes, as well as regulating the tools used to create them, can the UK hope to protect victims from the dangers of technology-facilitated abuse. As technology continues to evolve, so too must the law. Policymakers are urged to close the gaps in the current legal framework to ensure that the rights and safety of women and girls are fully protected in the digital age.
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