Creating deep fake porn to be made a crime under Czech law
Amid growing warnings about the downside of AI, the Czech Justice Ministry is proposing an amendment to the law that would make deep fake porn a criminal offense. The amendment would make it easier for victims to defend themselves and act as a deterrent to those ready to abuse it.
The simplicity and speed with which app users can create fake nudes from photos of real people has raised concern. Artificial intelligence is capable of creating pornographic images and even a video, from a single photo of a person's face. Placed online it can destroy the victims’ reputation, private life and career and could even lead to suicides.
Deep fake porn images of American singer Taylor Swift and Italian Prime Minister Giorgia Meloni have made international headlines. While celebrities were the first targets, fake pornographic photos and videos are spreading fast among ordinary people and experts warn that without regulation the problem will spiral out of control.
Cases of schoolboys using AI to create nude images of their classmates appeared in the Czech media several months ago and the police say they have already dealt with several cases of deep fake porn of people made without their knowledge and posted on social networks. Under existing legislation people can defend themselves against such photos and videos by filing charges of defamation, but unless extortion is involved the police usually close the case or treat it as a misdemeanor.
The Ministry of Justice is now proposing to make deep fake pornography a criminal act that could be punishable by a jail term of several months to several years, depending on the gravity of the crime and its impact on the victim. Deputy Justice Minister Karel Dvořák explains:
“We propose introducing a new offense into the legal system which would cover “misuse of identity to produce and distribute pornography.” The offence would relate to the production and distribution of AI generated pornographic material without the consent of the person depicted. It has become very easy to create such images, which are practically indistinguishable from real porn. This is a dangerous trend that we need to fight, since it is a very serious violation of the rights of the persons who are falsely depicted in this way.”
Under the proposal, anyone who produces deep fake porn images or videos can be punished by up to two years in prison. If the deep fake porn is shared on the internet the penalty could be a prison sentence of six months to three years. And if it this is done as part of an organized ring with the aim of profiting from the photos and videos then the penalty can be up to five years in jail.
The amendment is to be discussed by the Czech government in the coming weeks before going to Parliament for approval. It should come into force in July of next year.
A directive criminalizing the creation of sexually explicit deep fakes has also been proposed in the European Union.
