What are deepfakes?
DEFINITION
Deepfakes
Images, videos or audio recordings that have been digitally created and/or edited using AI. This often involves altering a real person’s face, voice, body or clothing.
Deepfakes can often convincingly misrepresent someone as doing or saying something that was not done or said.
Problems and legal issues arise when non-consensual deepfakes are created of individuals that show them in an explicit state. In terms of creating and sharing intimate images, there is some crossover in UK law between pseudo-photographs and explicit deepfakes.
What’s the difference between deepfakes and pseudo-photographs?
Deepfakes and pseudo-photographs are overlapping concepts but they differ in their technical scope and legal definition:
- A deepfake will primarily refer to images and videos of real people that have been digitally altered to show them doing or saying something that they have not.
- A pseudo-photograph is a broader legal term to describe any images that are digitally manipulated or are computer-generated that appear to be real photographs but are entirely fictional or artificially created.
In UK legal frameworks, deepfakes are encompassed by the term pseudo-photographs when they appear realistic enough to be mistaken for a real photo.
Are deepfakes illegal in the UK?
Whether or not a deepfake is considered illegal under UK law depends entirely on what is depicted by the image. Deepfakes are not inherently illegal, however they are governed by the same laws on prohibited and indecent images that real photographs are.
For example, if an individual creates, shares or possesses a deepfake image which depicts child sexual abuse material (CSAM), then this would be classed as indecent images of a child which is a serious criminal offence.
What is the current law on deepfakes in the UK?
As with any images or videos, taking, possessing and sharing indecent images of children or CSAM is a punishable criminal offence. This includes using AI ‘nudification’ tools to create explicit deepfakes of children, regardless of whether the child depicted is real or not. The maximum sentence for indecent images charges can be up to ten years imprisonment and will place individuals on the Sex Offender’s Register.
In October 2023, the Online Safety Act 2023 (OSA) made changes to the Sexual Offences Act 2003, making it a criminal offence to share or threaten to share intimate images without consent. This offence explicitly includes deepfakes. The OSA also ruled that social media platforms must proactively prevent such content from appearing to users. However, these amendments did not target the creation of explicit deepfakes.
Following this, the Data (Use and Access) Act 2025 (DUAA) introduced new criminal offences which targeted gaps in the OSA, criminalising the creation of deepfakes rather than just sharing. The DUAA added Section 66D into the Sexual Offences Act 2003, making it a criminal offence to intentionally create explicit deepfakes of an adult without their consent.
It was also made illegal to request the creation of these images, meaning those who use ‘nudification’ apps or ask AI to create non-consensual explicit images of someone else are committing an offence, even if the images are not shared.
The DUAA was passed by Parliament in June 2025, however many of the changes were not immediately enforced. It was estimated that in 2025, approximately 8 million deepfakes were shared online, 98% of which were explicit in nature. This, alongside the concerning number of explicit deepfakes being shared on social media platforms has forced the government to accelerate implementing new criminal offences.
What new changes are being enforced?
As of 6 February 2026, the DUAA will bring section 138 into effect, which inserts new sections 66E-H into the Sexual Offences Act 2003 to establish new offences relating to creating or requesting the creation of explicit deepfakes of an adult without consent or reasonable belief in context.
The Crime and Policing Bill 2025 will also introduce new criminal offences, including the criminalisation of ‘nudification’ tools. This offence targets the providers and distributors of AI software which are designed to strip clothes from images of real people, rather than the individual user.
The Crime and Policing Bill has not yet been passed and is currently at the committee stage in the House of Lords. We will need to wait for the Bill’s approval until these offences are enforced.
What is the sentence for creating and sharing explicit deepfakes?
Where deepfakes depict indecent images of children or CSAM, sentencing will be governed by existing laws on indecent images. The maximum sentence for indecent images is given to the production or creation of category A indecent images. For creating deepfakes of this nature, the maximum sentence can be up to nine years imprisonment.
The minimum sentence for indecent images of children is given to offences related to the possession of category C indecent images, for which the sentence is a medium-level community order.
Those who share or threaten to share intimate photos or videos without consent, including deepfakes, can be sentenced to a maximum imprisonment of two years.
Under the new offences, those who take intimate images without consent and those who install equipment so that they, or someone else, can take intimate images without consent can face up to two years imprisonment. This also applies to creating intimate deepfakes without consent.
The Crime and Policing Bill also proposes a new offence which will make it illegal to adapt, possess, supply or offer to supply AI-image generators which create CSAM. Those found guilty of this offence may face a penalty of up to five years in prison.
Is there a defence for creating or sharing explicit deepfakes?
A key defence that can arise from cases such as this is one of consent. If it can be asserted that the person depicted within the deepfake was aware and consented to their image being used in that manner, then the offence does not apply.
In any case, it is important to have a skilled criminal defence solicitor on your side who is familiar with the law and can help build a strong defence for your specific case.
How can Lawtons help you?
If you’re accused of creating, possessing or sharing intimate deepfakes, it’s important that you seek legal advice immediately. With the government’s announcement of their ‘crackdown’ on the creation and sharing of explicit deepfakes, we anticipate that the number of prosecutions for deepfake-related offences will increase.
Lawtons are specialists in defending all manner of serious sexual offences and we have a positive track record of achieving positive outcomes for our clients. When it comes to sharing or crating explicit images, in particular those involving indecent images of children, it’s important to act quickly.
Get in touch with a member of our team today to protect your future.
