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The Legal Battle Against Deepfakes
On Tuesday, the UK government announced a groundbreaking law aimed at combating the creation of AI-generated sexually explicit deepfake images. The proposed legislation, currently pending approval, will impose severe penalties and unlimited fines on offenders, regardless of whether the deepfake images are widely disseminated or created with the sole purpose of causing distress to the victim. This move is part of a larger governmental initiative to strengthen legal protections for women.
The Evolution of Deep Learning Image Synthesis
Advancements in deep learning image synthesis technology over the past decade have facilitated the creation of deceptive pornography through the manipulation of faces in videos to include individuals who have not consented to such acts. The term “deepfake” was coined around 2017, inspired by a Reddit user named “deepfakes” who shared AI-manipulated pornographic content on the platform. This term now encompasses not only manipulated pornographic material but also entirely fabricated images and videos generated through neural networks trained on victim’s images.
Instances of non-consensual deepfake pornography are not confined to the UK. In March, two boys ages 13 and 14 faced charges in Florida for disseminating deepfake nudes of their female classmates, underscoring the growing urgency for regulators globally to address the issue. Models like Stable Diffusion, an open-source image synthesis tool introduced in 2022, have exacerbated concerns surrounding the creation and sharing of non-consensual deepfake content, prompting heightened regulatory efforts in the US and now, in the UK.
The Proposed Legislation in the UK
The UK Ministry of Justice released a statement outlining the proposed offense, emphasizing that perpetrators who create non-consensual sexually explicit deepfake images will face criminal prosecution and substantial fines. Even the creation of these images with the intent to alarm, humiliate, or distress the victims will constitute a criminal offense, irrespective of whether they are shared.
Last year, the Online Safety Act addressed the dissemination of non-consensual deepfake content. However, the new legislation under consideration will specifically target the creation of sexually explicit deepfakes of non-consenting adults, marking a significant legal milestone. The government asserts that existing laws already cover the creation of such content involving children.
Reinforcement of Existing Laws
Additionally, the UK government aims to bolster existing laws by enabling criminal charges for both the creation and distribution of deepfake material. This reinforcement could potentially result in harsher penalties, as enforced by the Crown Prosecution Service.
In a powerful statement, Laura Farris MP, the Minister for Safeguarding, underscored the government’s unwavering stance on deepfake offenses, condemning them as despicable, immoral, and often misogynistic acts that constitute criminal behavior. The introduction of this new offense sends a resounding message that the creation of deepfake sexual imagery is unacceptable and will be met with legal consequences.
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