Criminalisation of the dissemination of non-consensual sexual deepfakes in the EU. A comparative legal analysis

auteur Can Yavuz
tijdschrift RIDP (ISSN: 0223-5404)
jaargang 2024
aflevering Researching the boundaries of sexual integrity, gender violence and image-based abuse
onderdeel Image-based and online sexual abuse
publicatie datum 20 september 2024
taal English
pagina 419
samenvatting

The dissemination of non-consensual sexual deepfake is the most common (mis)use of deepfake technology, which disproportionally targets women. In 2021, the European Union Parliament’s report on deepfake stated that ‘the legal roadmap for victims of deepfake pornography often remains unclear.’ The paper asserts that adding criminal law to this roadmap is preferable and more legitimate than not doing so because non-consensual sexual deepfake causes serious harm, and technical measures and civil remedies fall short of effectively tackling this issue. In this light, the paper employs desk research, legal dogmatic method, and fundamental canons of legal interpretation to scrutinize to what extent criminal laws of selected fourteen European Union Members can effectively criminalize dissemination of non-consensual sexual deepfake. The findings demonstrate that the criminal codes of eight out of fourteen countries do not effectively criminalize the dissemination of non-consensual sexual deepfake. The upper limits of punishment differ significantly among countries, and some member states employ defamation, the violation of privacy, and the non-consensual sharing of sensitive personal data to penalize dissemination of non-consensual sexual deepfake, which disregards the sexual and gendered nature of the wrongdoing. Lastly, this paper focuses on the potential shortcomings of the recently adopted European Union Directive on Combating Violence Against Women and Domestic Violence concerning the criminalization of dissemination of non-consensual sexual deepfakes.