Deepfake Pornography: Risks, Challenges, and Legislation

A study in the UK by the Alan Turing Institute showed over 90% of people are worried about deepfakes, especially because they can be used to create fake child sexual abuse material (CSAM), mess with facts, and fool public opinion.

Deepfake pornography is a type of synthetic media, and has become a pressing issue around the globe. Whether it be used for non-consensual pornography, CSAM, political misinformation or mass manipulation, the impact it carries knows no boundaries or limits. 

The word “deepfake” combines “deep learning”, a form of AI, with “fake”. The term first started to gain traction around 2017 when fake pornographic videos of celebrities first started to emerge. Back then, making these deep fakes wasn’t simple and needed a combination of skills and technology. Now anyone with a computer and some software can make these videos. That’s why it is no longer just a niche—it’s everywhere, and it’s astonishing how fast it’s spreading. 

These numbers highlight a critical need; governments must come forward with clear regulations, and businesses, especially platforms that host user content, need to put strong protections in place to fight back against this growing threat.

Several Governments around the globe have started to outlaw deepfakes, especially deepfake pornography. Laws such as the USA’s Take It Down Act, EU’s AI Act and several other laws are coming forward as a fighting chance against deepfakes. 

How is Deepfake Pornography Created?

The process of making a deepfake mainly relies on deep learning techniques, particularly Generative Adversarial Networks (GANs). GANs are composed of two neural networks, a “generator” and a “discriminator” that work in opposition. The “generator” produces synthetic images, while the “discriminator” evaluates whether they appear real. Over time, the technology gets better at making fake videos that look hyper-realistic, owing to studying lots of real images and videos.

It is important to differentiate deepfake pornography from other forms of altered content. The following table highlights the different forms of altered content and their differences from deepfake content.

The Danger of Deepfakes

Deepfake media in today’s age looks so authentic that people often cannot tell if they are fake or real. Due to this, they are extremely effective at spreading lies and causing harm. Humans naturally have an inclination to trust what they see, and deepfakes take advantage of this. The repercussions of a non-consensual deepfake if linked to an individual are extremely serious as the reputations get ruined, they suffer emotional distress and over time stop trusting even the real media. 

Deepfake porn has become a major issue, especially when it targets celebrities. The first notable case was in 2017 when a deepfake porn video of Gal Gadot went viral. Since then, several other celebrities like Emma Watson, Natalie Portman, and Scarlett Johansson have been victims. More recently, deepfake images of Taylor Swift spread across social media platforms, with one of the retweets gaining over 45 million views before it was taken down. This incident caused outrage and led to demands for stronger laws against deepfake abuse.

The Impact on Victims of Deepfake Pornography 

Despite the mainstream view, deepfake pornography is not an up and coming threat rather it’s a threat ruining lives today. Although celebrities were the first victims of this abuse, now it goes way beyond that, minors, social media content creators, medical professionals, and journalists have been a major target of this attack. 

• In August 2024, a shocking case in South Korea revealed AI-generated fake images of teachers and female students with some victims being as young as 12 or 13 years old.
• A report by the American Academy of Pediatrics revealed that malicious actors are increasingly using deepfakes to extort money from teenage boys aged 14 to 17. 
• Nearly all victims of deepfake pornography experience mental health issues such as anxiety, isolation, a sense of violation and detachment from daily life.
• According to the New York State Bar Association, 96% of non-consensual deepfakes and 99% of all deepfake pornography target women, making them the most affected group.

The Legal Framework Surrounding Deepfake Pornography

Non-consensual explicit content and propaganda are among the many harms which prompted legislators and stakeholders to push for legislation worldwide. Laws such as the United State’s Take It Down Act, the EU AI ACT or the UK’s Online Safety Act are a few examples of legislative efforts to this extent. 

The legal approach to tackle the spread of  deepfake pornography varies widely across nations and regions, shaped by varying laws, cultural norms, and technological capabilities. This has led to a “patchwork” type regulatory environment, with some jurisdictions introducing targeted and specific deepfake laws while others try to amend and repurpose existing laws—resulting in inconsistent definitions, punishments and safeguards for victims. 

Such disparities create a major challenge, as deepfake content knows no borders, enabling offenders to take advantage of lax regulations or weak enforcement in one country while harming victims internationally. 

The following table highlights the key legislative actions and laws regarding deepfake pornography around the globe:

Combat Deepfake Pornography with FACIA’s Detection Tool

Deepfake pornography is not just a technical issue; it’s a real threat ruining lives, public trust and a major challenge for businesses to effectively detect and remove deepfake content. For content platforms, regulators, and authorities, staying ahead of this evolving technology and the regulations surrounding it means having the right detection tools at your disposal as effective compliance with deepfake laws requires an effective deepfake detection solution.

With FACIA, businesses can effectively:

• Detect AI-generated videos and images in real time with industry-leading accuracy.
• Automatically flag and moderate content to swiftly remove harmful deepfake pornography.
• Deploy a deepfake detection solution that integrates seamlessly into existing systems with scalable solutions that preserve user experience.

FACIA enables your business to protect vulnerable users, meet evolving legal requirements, and safeguard your platform’s reputation. With FACIA, industries such as, Social Media Platforms, Online Dating, Social Networking Apps, Adult Content Platforms, News Outlets, Virtual Education platforms, Law Enforcement, Metaverse platforms, Gaming Platforms & Online Marketplaces, can fight back against the spread of deepfake abuse and make the digital world safer for everyone.

Don’t let deepfake pornography undermine your community—partner with FACIA today and turn our cutting-edge technology into your greatest defense.