UK Parliament / Open data

Data Protection and Digital Information Bill

Moved by

Lord Clement-Jones

293: After Clause 149, insert the following new Clause—

“Deepfakes depicting sexual offences or activity without consent

(1) It is an offence for a person to intentionally create, alter, or otherwise generate a deepfake depicting an intimate act.

(2) A person is not guilty of an offence by virtue of subsection (1) if they show the person or persons, being over the age of 18, depicted in the deepfake provided consent for the creation, alteration or generation of the deepfake.

(3) Offences under this section are punishable either on conviction on indictment or on summary conviction.

(4) A person convicted on indictment of an offence under this section is liable to imprisonment for a term of not more than ten years, or to a fine not exceeding the prescribed sum for the purposes of this Act or to both.

(5) A person convicted summarily of an offence under this section is liable—

(a) to imprisonment for a term not exceeding six months; or

(b) to a fine not exceeding the prescribed sum for the purposes of this Act.

(6) The Secretary of State must by regulations prescribe the sum for the purposes subsections (4) and (5).

(7) Regulations made under subsection (6) are subject to the affirmative procedure.”

Member's explanatory statement

This amendment would make it an offence to intentionally generate a deepfake depicting activity without consent.

Type
Proceeding contribution
Reference
837 cc593-4GC 
Session
2023-24
Chamber / Committee
House of Lords Grand Committee
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