Following cross-party pressure to enact regulation, the government has said those who create sexually explicit deepfakes will face prosecution under a new law announced today.

Under the law, those convicted will face prosecution and an unlimited fine, followed by a jail sentence if the image or images are shared more widely. The offence will apply to images of adults, because the law already covers this behaviour where the image is of a child under 18. It’s been billed the latest measure in a huge program of work to better protect women.

Last year’s Online Safety Act criminalized the sharing of explicit deepfake images for the first time.

“To my knowledge we are the first national government in the world to make this an offence. We have been listening carefully to women’s groups and campaigners,” Laura Farris, Minister for Victims and Safeguarding, told Sky News. “This new offence sends a crystal clear message that making this material is immoral, often misogynistic, and a crime.”

Recording intimate images without consent

Those who record intimate images without consent will also be subject to new punishments, building on the existing “upskirting” offence.

This includes those who:

• intentionally take or record an intimate image or film without consent or a reasonable belief in consent;
• take or record an intimate image or film without consent; and
• with intent to cause alarm, distress or humiliation; or
• for the purpose of sexual gratification.

A recent survey from Glamour magazine found that 91% of readers believe deepfake technology poses a threat to the safety of women.

“Glamour welcomes the Ministry of Justice’s plans to table an amendment to the Criminal Justice Bill, which must put the safety of women online at the centre of this conversation,” Deborah Joseph, European Editorial Director, Glamour, said.

“While this is an important first step, there is still a long way to go before women will truly feel safe from this horrendous activity.”