France’s SREN Law

1. Overview

Signed on May 21, 2024, the SREN Law (Loi n° 2024-449) seeks to improve the security and governance of France’s digital environment. The law improves the right of individuals and digital security by adopting certain measures against the creation and dissemination of non-consensual deepfakes, notably sexual ones.

2. Scope of the Law

SREN Law targets the illegal creation and distribution of deepfakes without the consent of the subject. In particular, it targets:

• Content created or manipulated to depict a person without such person’s approval is a. non-consensual deepfake.
• Sexual deepfakes: Material that has been manipulated. sexually and contains. an individual’s image.
• Creating and distributing: Such material is regulated by law, and. online distribution promises further, stiffer penalties. Exceptions apply to works that are satirical, artistic, or fictional and. expressively indicate their artificial nature.

3. Key Provisions

• Article 226-8: Pertaining to the distribution of deepfakes showing a person’s image or voice without authorization, where the artificiality is not obvious or made known.
• Article 226-8-1: Particularly targets the unauthorized distribution of pornographic deepfakes, with harsher sanctions.
• Platform Responsibility: Online platforms are required to delete illegal content without delay and are liable to fines if they do not.

4. Fines & Enforcement

Violating the SREN Law is punishable by:

• With the assistance of regulatory organisations like CNIL (National Commission on Informatics and Liberty) and ARCOM (Audiovisual and Digital Communication Regulatory Authority), the French courts of law supervise the enforcement.
• Imprisonment: Up to 3 years, subject to the nature and dissemination of the deepfake.
• Fines: up to €75,000, with higher fines for sharing content online.

5. Notable Cases or Precedents

The SREN Law remains to be tested in a court of law up to April 2025. Its enforcement shows the extent to which France is fighting the problems caused by deepfakes. It is hoped that the provisions of the law will be used as a legal basis for future cases involving unauthorized deepfake material.

6. Comparison to Global Standards

Though it calls for harsher punishments than other nations, the SREN Law aligns with international attempts to rein in deepfakes. The SREN Law, for example, expressly criminalizes both the creation and circulation of deepfakes without authorization, imposing harsher penalties for circulation online.

7. Practical Implications of this Law

Citizens must recognise that the SREN Law carries severe legal consequences for creating or sharing deepfakes without permission. The French legal system gives the victim of a deepfake crime a way to seek legal retribution. Moreover, to comply with the legislation, online platforms must have rules in place to promptly identify and remove illegal deepfake content.

8. Future Outlook

France’s devotion to internet protection and the protection of people against abuse of deepfake technology is embodied in the SREN Law. Future bills may be proposed as AI technology evolves to deal with emerging issues about deepfakes and other categories of online deception.