17th January 2024

Briefing paper: Deepfake image-based sexual abuse, tech-facilitated sexual exploitation and the law 

Deepfake image-based sexual abuse represents a growing and alarming form of tech-facilitated sexual exploitation and abuse that uses advanced artificial intelligence (AI) to create deceptive and non-consensual sexually explicit content. Vulnerable groups, particularly women and girls, face amplified risks and unique challenges in combating deepfake image-based sexual abuse.

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Deepfake image-based sexual abuse, tech-facilitated sexual exploitation and the law provides an in-depth analysis of the legal frameworks in nine focus jurisdictions, including England, Wales, Scotland, Australia, New Zealand, South Africa, Kenya, Nigeria, the US (Virginia, Texas, California), the European Union, and international human rights law.

The briefing paper is informed by legal research that considered what laws are currently regulating deepfake image-based sexual abuse, including whether the term “deepfake” is defined in these laws. The research also considered prospective laws, soft laws, and other areas of law that are relevant to prohibiting sexual violence in deepfakes, such as copyright, defamation, and consumer law.

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