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.
