Source · Select Committees · Women and Equalities Committee
Recommendation 27
27
Accepted in Part
Mandate consent-based offence for deepfake creation, including cultural intimate image abuse.
Recommendation
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)
Government Response Summary
The government has introduced a consent-based offence for non-consensual sexually explicit deepfakes without requiring a motivation element, with amendments tabled to the Data (Use and Access) Bill. However, they have not included culturally sensitive images in this offence.
Government Response
Accepted in Part
HM Government
Accepted in Part
Government response: Partial acceptance The Government has already acted to introduce a ‘consent-based’ offence that does not include a specific intent element that relates to the perpetrator’s motivation, fulfilling our manifesto commitment. We have tabled amendments to the Data (Use and Access) Bill which will criminalise the creation of non-consensual sexually explicit deepfakes. However, for the reasons previously stated, we have not included culturally sensitive images in this offence.