United Kingdom Crime and Policing Bill

1. Introduction

The UK’s active response is part of a broader global effort to counter the deepfakes’ threats. As a case in point, South Korea has introduced stringent legislation criminalising the making, distribution, and consumption of deepfake pornography. Yet by individually targeting the making and dissemination of consent-blind, sexually explicit deepfakes, the UK is unique in this legislation, highlighting individual agency as well as protection from digitally fabricated sexual assault.

2. Scope of the Law

Under this historic legislation, the creation or distribution of sexually explicit deepfakes of an individual without their unambiguous consent is criminalized. This encompasses AI-generated content purporting to show people naked or being intimate. While existing offenses already protect children in these cases, the legislation extends essential protection to adults as well. The Bill has narrow exceptions, which chiefly address satirical or artistic work that does not injure individuals or invade their privacy rights.

3. Principal Provisions

• Essentially, the law lays out certain Prohibited Acts, and producing and sharing sexually explicit deepfakes without the consent of the person is prohibited.
• Besides, it lays down Consent Requirements, mandating the express consent of the individuals before their image can be used in any sexually explicit deepfake material.
• In addition, while not explicitly stated in the Bill itself, Platform Responsibilities are seen to evolve, where online platforms will positively be mandated to take active steps in ensuring the timely detection and deletion of such illegal deepfake content from their platforms.

4. Penalties & Enforcement

The new law has severe consequences for offenders convicted of violating its terms, for which the maximum penalty will be two years’ imprisonment. Local forces will be responsible for enforcing the law in the main, although there could be supervision and support from the National Crime Agency where there are wider implications or cross-border factors involved.

5. Comparison to Global Standards

The UK’s active strategy aligns with an increased international effort to combat the dangers of deepfakes.  Nevertheless, by targeting the building and distribution of consent-blind, sexually explicit deepfakes, the UK stands out in this act by emphasizing human freedom and resistance to digitally generated sexual assault.

6. Application Implications

The new legal framework has serious practical implications for individuals. It is no longer arguable that sex material deepfakes must be shared or created without the explicit permission of the person involved, and all parties to such activity can expect some form of legal repercussions. Parties aggrieved by such material are encouraged to report such cases to local law enforcement agencies, which are also the agencies mandated to investigate and act against perpetrators.

7. Future Outlook

The Crime and Policing Bill is likely to introduce more focused legal frameworks for handling deepfake-related crimes. As a reaction to emerging challenges in the misuse of deepfakes, further improvements in AI technology could necessitate additional legislative updates.