The Spanish government takes the first step towards making 'deepfakes' a crime

BarcelonaFirst step by the Spanish government to ensure that they deepfakes be a crime. The government wants these AI-generated images that appear real to be included in the chapter of the Penal Code dedicated to crimes against honor, such as slander and libel.

The aim of this move is to combat the online dissemination of fictional but realistic-looking sexual images created from real photographs taken in other contexts. The draft bill approved by the Council of Ministers this Tuesday adds to the government's request to the Public Prosecutor's Office to Please clarify whether X's artificial intelligence, Grok, has committed a child pornography offense when it has produced, at the request of platform users, images of sexual content and violence against children.

However, the reform promoted by the Spanish government will not focus solely on sexual images, but will consider illegitimate any image created or simulated technologically to give it an extremely realistic appearance. The law includes some exceptions in cases of deepfakes that have a creative, satirical, artistic, or fictional purpose, but creators will have to explicitly state that it is manipulated content and does not correspond to reality.

Once the draft bill receives reports from advisory bodies, it will return to the Council of Ministers and will finally be voted on in Congress, where it will need to obtain an absolute majority to pass.

The draft bill approved this Tuesday also strengthens the concept of consent with the aim of preventing platforms and social networks from publishing images of people without any limitations. Minors will not be able to give their consent until they are 16 years old, and if a user has given their consent to have their image published, they can revoke it at any time.

'True crime' and the right of reply

In the same reform, the government sets limitations on the programs of true crime to prevent a criminal from revealing facts related to the crime that could cause pain to the victims. Another element affecting these productions is the fact that wills may prohibit the use of a person's voice or image for advertising or commercial purposes.

The Spanish government also approved on Tuesday the draft law on the right of reply, which extends to social media the possibility, previously reserved for traditional media outlets, for anyone affected by information to present their version of events they consider inaccurate.