The British government has announced that the creation of sexually explicit deepfake images without consent will now be considered a criminal offense. In order to enforce this, separate legislation will be passed in Wales and England.
Deepfakes are images or videos created using artificial intelligence (AI) technology, where the face of one person is merged with another to create a misleading image. Most deepfakes are of a sexual nature. As AI continues to advance, it will soon be possible to generate AI-based videos of individuals by simply providing an image of them and a few text prompts to the system.
A recent research project by Microsoft showcased the capabilities of their deepfake model. It is evident that these systems have the potential to make life easier for deepfake creators.
The Ministry of Justice has stated that the law will apply regardless of whether the creator intended to share the explicit deepfake or not. However, if the image is shared, there will be more severe consequences, including potential jail time.
Women are often the most vulnerable targets of deepfakes, as their faces are frequently used to create pornographic content. Public figures, particularly celebrities, are also victims of this offense. Deepfakes have become increasingly popular with the advancement of technology.
Yvette Cooper, a shadow home secretary, strongly believes that the creation of such material is a gross violation of a person’s privacy and should not be tolerated by the government.
Some experts are skeptical about the effectiveness of the law, as it may be challenging to find and prosecute culprits due to the nature of the technology. Deepfake crimes are not limited to a specific region and can occur worldwide.
Last year, a law was passed making the sharing of deepfakes illegal. The new legislation will now criminalize the creation of any sexually explicit deepfake without permission. This is an important step, as deepfakes can be used to distress, humiliate, or alarm the victim.
Critics argue that the burden of proof lies on the accuser, making it difficult to bring charges against someone without sufficient evidence. However, it is crucial to have evidence before charging someone with a crime.
The new law will only apply to individuals over the age of 18, as minors are already protected by existing legislation. While the effectiveness and enforcement of the law remain to be seen, it sends a clear message that both the distribution and creation of such material is immoral and misogynistic.
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