Recommendation 27

The Government’s plans to criminalise the creation of sexually explicit deepfakes/NCII, even if they are not shared, are very welcome and worthy of praise. However, the Government must ensure that the offence is consent- based and does not require the determination of any motivation on the part of the perpetrator. Consistent with our recommendations for non-synthetic content, the offence must also include cultural intimate image abuse, so as to include deepfakes of someone without their attire of religious or cultural significance that they commonly wear in public. (Recommendation, Paragraph 134)