France’s Amendment to Article 226-8 of the French Criminal Code

1. Overview

In May 2024, SREN Law (Loi n° 2024-449) was passed to amend Article 226-8 of the French Criminal Code. This provides that it will be a criminal offense to produce and disseminate non-consensual deepfakes—deepfake or manipulated audio-visual content produced by artificial intelligence—if the artificiality is not made manifest or acknowledged. The law intends to enhance the protection of personal rights on the internet.

2. Scope of the Law

Illegal production or dissemination of deepfakes, or any AI-generated or algorithmically produced content that impersonates a person’s likeness or voice, is outlawed by the new Article 226-8. Both production and sharing are covered by the law, and it covers an assortment of platforms such as social media and messaging apps. Such content is exempted if it is made obviously artificial, such as in the case of satirical, artistic, or fictional works.

3. Key Provisions

• Prohibited Acts: The bill criminalizes creating and spreading deepfakes of an individual’s face or voice without his or her consent, except when the artificial nature of the content is apparent or announced.
• Consent Requirements: Express consent of the person to be portrayed is required, except where the artificial nature is evident or explicitly announced.
• Platform Duties: Online platforms are to delete illegal content, including deepfakes, as soon as they are informed, in line with existing law, including the Digital Services Act (DSA).

4. Sanctions & Enforcement

Violations of the amended Article 226-8 can result in:

• Prison: An upper limit of one year for illegal production or sharing of deepfakes.
• Penalties: An upper limit of €15,000.
• Enforcement is subject to the control of the French judiciary, assisted by regulatory bodies such as ARCOM (Audiovisual and Digital Communication Regulatory Authority).
• Increased Penalties: Up to two years’ imprisonment and a fine of €45,000 in the event of the offense being perpetrated with an online public communications service.

5. Distinguishing Cases or Precedents

To date, no court has applied the new Article 226-8 as of April 2025. However, its implementation reflects the creativity of France in addressing the disruptions caused by deepfakes. The law aims to give future trials of illegal deepfake material a sound legal ground.

6. Comparison to Global Standards

France’s Article 226-8 amendment also follows the trend of international efforts to control deepfakes, but has more stringent punishments than elsewhere. For instance, the new French law clearly makes it illegal to produce and distribute deepfakes without permission, and has more severe punishment for so doing on the internet, while the EU’s AI Act and Digital Services Act have content moderation and AI transparency provisions.

7. Implications

People should be aware that the creation or dissemination of deepfakes without authorization could have very grave legal implications under the new Article 226-8. The victims of criminal acts perpetrated through deepfakes are entitled to resort to legal proceedings against such acts under the French legal framework. The actors running online platforms should also implement measures to detect and remove illegal deepfake material promptly in order to comply with the law.

8. Future Prospects

The French style of internet protection and protection of people against abuse of deepfake technology is evident in the amendment to Article 226-8. Additional laws can be introduced as AI technology changes to address new issues concerning deepfakes and other types of cyber deception.