UK to criminalise creation and request of non-consensual deepfakes

The government announced this week that it will bring into force a provision making it a criminal offence to create or request the creation of non-consensual intimate images, including sexually explicit AI deepfakes. Technology Secretary Liz Kendall told MPs the change would be implemented "this week" and that the offence will be designated a priority under the Online Safety Act, requiring online services to take proactive steps to stop such material appearing.

The measure stems from a provision in the Data (Use and Access) Act, passed in June 2025, which for the first time created a separate offence targeting the creation and solicitation of non-consensual intimate images. Until now, UK law already made it illegal to share intimate images without consent and to threaten to share them; the new step activates the creation offence and targets those who commission or request the production of synthetic sexual images.

Kendall described sexualised deepfakes circulating on the platform X, which were produced using the Grok AI chatbot, as "vile" and called them "weapons of abuse." The emergence and spread of AI-generated sexual images that digitally remove clothing or fabricate intimate scenarios has prompted regulatory concern and a formal probe by Ofcom into the platform’s management of Grok‑generated content. Downing Street has supported the regulator’s review and said "all options remained on the table."

By elevating the creation offence to a priority offence under the Online Safety Act, regulators will be able to impose upstream duties on services beyond reactive takedowns. Online platforms regulated under the act will be required to take proactive measures to prevent non-consensual intimate images from appearing on their services, a step ministers say will force companies to tackle the problem at source rather than rely solely on user reports and removals.

Campaigners welcomed the move but said it was overdue. Critics and victims had repeatedly warned of a gap in enforcement since the Data Act’s passage, noting that the measure criminalising creation and solicitation had not been brought into force until now. That criticism traced back to earlier parliamentary efforts: a private members’ Bill in 2024 seeking to criminalise the creation and solicitation of non-consensual intimate images failed to secure government backing, and subsequent scrutiny of the Data Act led to amendments intended to close loopholes on solicitation of synthetic images.

Legal analysts and campaign groups warn that gaps remain. Parliamentary scrutiny documents flagged unresolved issues including the solicitation of non-synthetic intimate images and differences in how possession offences are treated compared with duties that apply to child sexual abuse material. Technology companies have also told Parliament that duties on providers currently vary depending on the type of content and regulatory framework.

Victims’ accounts of abuse have driven urgency. Some individuals have reported dozens of AI‑generated sexual images produced without their consent, reflecting the speed and scale at which generative tools can be misused. Ministers argue the combination of criminalisation and stronger platform duties will deter would-be abusers and reduce harm for potential victims.

Implementation details, enforcement priorities and how regulators will assess platforms’ proactive measures are expected to be clarified in the coming weeks as the provision is brought into effect and Ofcom’s investigation proceeds.