Over the last few years, campaigners, including us here at Cosmopolitan UK, have been sounding the alarm about this issue and how deepfakes as a whole are being disproportionately weaponised against women and girls.
And now - finally - positive new measures have been announced saying it will soon be illegal to not only share deepfakes without consent, but to create them – something that was previously a gaping loophole in the law. “Predators who create sexually explicit ‘deepfakes’ could face prosecution as the Government bears down on vile online abuse as part of its mission to make our streets safer,” the government’s fresh statement on the issue says.
It adds that “perpetrators [also] face up to two years behind bars under new offences for taking an intimate image without consent and installing equipment to enable these offences”.
ICYMI, a deepfake is a fake video or image of someone that looks scarily realistic. It can be created in seconds and sadly over 90% of the ones currently in existence are non-consensual, pornographic in nature and target women – many of whom have no idea their image is even being misused and abused in this way.
It’s heartening to see these new changes announced, along with further measures to outlaw the taking of intimate images without consent or installing equipment for such a purpose. Currently, it’s already illegal to share – or threaten to share – an intimate image without consent, but bizarrely taking one has only been labelled as a crime in specific circumstances (such as in an upskirting incident).
While it’s still a case of better late than never and a law change isn’t a cure all, it does at least set the tone for what is and isn’t acceptable – but as we all know, the justice system is far from perfect. Enforcing these changes will be a whole other ball game.
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So, what else needs to happen to ensure women and girls are safe from image-based and online abuse moving forward? The law changes need the full support and meaningful action from social media platforms, from Instagram to X to Reddit, and search engines, like Google – all of whom have not only been accused of hosting unlawful explicit content in the past, but have the power to remove it (or block it in the first place). Sadly, as we’ve seen in the past when deepfakes of Taylor Swift went viral on X, there’s a lack of urgency to do this; something sceptics would say is due to the engagement this type of content brings with it – that platforms are reluctant to wave goodbye to. The non-consensual images of Swift were viewed more than 45 million times before being wiped from X.
When asked about their plans to support the law changes, X and Meta did not respond prior to publication but a Google spokesperson signposted to its policy enabling individuals to request removal of their explicit or intimate imagery if it appears in search results, guidance that the search engine has had in place since 2015. They added that if a specific website is flagged multiple times for housing non-consensual intimate images, they’ll pay closer attention to it and will demote other content from it in search results. This, Google claims, also helps with clamping down on any future unreported harmful imagery. The tech company adds that a 2024 update has also led to cutting users’ exposure to deepfakes and similar imagery by 70% and the company says it takes a “trauma-informed approach” to reporting systems in an effort to support victims/survivors.
The lack of detail in how these new laws will be enacted is also a concern for Alan Collins, partner in the sex abuse team at Hugh James Solicitors. "Whilst the announcement is welcome it seems short on detail,” he tells Cosmopolitan UK. “We also need to know whether it captures all images taken without consent, or is it an offence based on the offender’s intention? There is a big difference between the two and hopefully it’s the former not the latter.”
But Collins is at least hopeful that more victims/survivors, be they of deepfakes or intrusive genuine photos being taken, will be able to seek justice with these new regulations on side. “Any changes in the law that helps protect victims and potential victims is welcome. It should help them seek justice against perpetrators if wronged and violated,” he states.
Speaking on the changes, Baroness Jones, Technology Minister, said the government will be asking platforms for greater accountability. “With these new measures, we’re sending an unequivocal message: creating or sharing these vile images is not only unacceptable but criminal. Tech companies need to step up too - platforms hosting this content will face tougher scrutiny and significant penalties.”
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Jennifer Savin is Cosmopolitan UK's multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She's grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC’s Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women’s Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.
