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AI Deepfakes and Your Rights: What to Do If Your Image or Voice Is Used Without Consent
AI-generated deepfakes are increasingly used to harass, defraud, and defame individuals. Here is what legal protections exist globally and what you can do if you are a victim.
Key Takeaways
Non-consensual intimate deepfakes are criminalised in the UK (Criminal Justice Act 2024), many US states, and addressed by EU AI Act disclosure requirements — but legal coverage is inconsistent globally.
The EU AI Act (from August 2026) and existing Chinese and EU regulations require AI-generated content to be disclosed or watermarked — making undisclosed deepfakes independently unlawful in these jurisdictions.
If a deepfake is used to defraud you — impersonating you to steal money — this is a fraud offence in every jurisdiction. Platforms have obligations under online safety laws to remove fraudulent content rapidly.
Data protection law is a powerful tool: your face and voice are biometric data under GDPR. Processing without consent is a violation. DPA complaints can compel removal and compensation.
For intimate deepfakes, use StopNCII.org — a hash-matching service preventing re-upload to partner platforms including Meta, TikTok, and Google.
Specialist support: UK Revenge Porn Helpline (0345 600 0459), eSafety.gov.au in Australia, Cyber Civil Rights Initiative in the US.
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Non-consensual intimate deepfakes: criminal law by jurisdiction
UK: The Online Safety Act 2023 (s.66B, in force January 2024) criminalised sharing non-consensual intimate images including AI-generated deepfakes. The Act also requires platforms to proactively remove such content as a priority offence. Note: the previous government's Criminal Justice Bill (which would have criminalised creation of deepfakes) did not pass before the 2024 election. The current government's Crime and Policing Bill proposes to criminalise creation. EU: Member states have criminal provisions on image-based abuse applied to deepfakes; the EU AI Act's disclosure requirements provide additional grounds. US: The DEFIANCE Act 2024 created a federal civil cause of action; at least 20 states have criminal NCII laws covering AI-generated content. Australia: eSafety Commissioner has removal notice authority under the Online Safety Act 2021.
Data protection as a tool
Your face and voice are biometric data — sensitive personal data under GDPR and equivalent laws. Processing without lawful basis is a violation. Complaints to national DPAs can result in orders to delete your biometric data, compel removal of deepfake content, and seek compensation for unlawful processing.
Practical steps
Document immediately. Report to the platform. For intimate deepfakes, use StopNCII.org. Report to police and your national DPA. Seek legal advice on injunctions and civil suits for damages.