EU Proposes Criminalizing AI-generated Porn and Deepfakes

The European Union (EU) is advancing a bill that aims to criminalize the creation and distribution of AI-generated pornographic images and deepfakes. This proposal, which also includes the non-consensual sharing of intimate images, is part of the EU’s broader effort to combat cyber-violence.

A Response to Cyber Violence

In 2022, the European Commission proposed a directive to address domestic violence and violence against women in various forms. The European Council and Parliament have now agreed to expand this proposal to include different types of cyber-violence.

The proposed bill seeks to criminalize the non-consensual sharing of intimate images, including deepfakes created using AI tools, in an attempt to deter revenge porn. Other cyber-violence acts such as cyber-stalking, online harassment, misogynous hate speech, and the unsolicited sending of explicit images, colloquially known as “cyber-flashing”, will also be recognized as criminal offenses.

The European Commission believes that a directive addressing these specific issues across the EU would aid victims in member states where these actions have not yet been criminalized. The Commission highlighted the urgency of addressing this issue, citing the rapid spread and severe impact of online violence.

Protecting Victims and Preventing Cyber-violence

The directive will also mandate member states to create measures helping users identify cyber-violence and understand how to prevent it or seek help. This includes the provision of an online portal for residents to report such incidents.

The recent proliferation of pornographic deepfake images featuring the likeness of pop star Taylor Swift is believed to have prompted EU officials to push forward with this proposal. The European Commission Vice President, Věra Jourová, expressed her concerns over such misuse of AI technology, noting that these images can cause significant harm not only to public figures but also to any woman who may have to prove that the images are falsified.

Path to Legislation

While the proposed rules have been agreed upon by the European Council and Parliament, they are currently part of a bill that still requires approval from representatives of EU member states. If the bill passes and becomes law, EU states will have until 2027 to implement the new rules.