Denmark is spearheading a novel legal initiative to combat the spread of misinformation and safeguard its citizens in the face of increasingly sophisticated deepfake technology. The government is proposing a law that would criminalize the dissemination of deepfake images, marking a significant step towards regulating AI-generated content and protecting individual rights in the digital age.
The proposed legislation is motivated by growing concerns that deepfakes can erode public trust in genuine depictions of reality and facilitate the spread of disinformation. Deepfakes, which utilize artificial intelligence to create highly realistic but fabricated content, can take the form of images, videos, or audio, making it appear as though someone said or did something they never actually did. Culture Minister Jakob Engel-Schmidt emphasized the urgency of the situation, stating that it is "high time that we now create a safeguard against the spread of misinformation and at the same time send a clear signal to the tech giants".
The core of the Danish proposal involves amending the existing copyright law to grant citizens ownership over their own likeness, encompassing their face, voice, and body. This would empower individuals to take legal action against the unauthorized use of their digital representations, demanding the removal of AI-generated content that uses their image or voice without consent and seeking financial compensation for violations. By treating personal likeness as intellectual property, the Danish approach aims to give citizens direct control over how their image is used online.
If the proposal is approved, individuals will have the right to request online platforms to remove deepfakes based on their likeness. Platforms that fail to comply with these requests could face substantial fines. The legislation also aims to protect artists against realistic, digitally generated imitations of their work. While the proposal includes exceptions for satire and parody, it sets clear limits for other content, ensuring that "realistic, digitally generated imitations" are subject to legal restrictions.
This initiative builds upon a previous agreement among nine Danish parties to restrict deepfake use in political messaging, requiring consent before using deepfakes of opponents and mandating clear labeling of all synthetic content. This earlier agreement arose after a deepfake video featuring Prime Minister Mette Fredriksen highlighted the vulnerabilities in political discourse.
Denmark's move to criminalize the spread of deepfake images is part of a growing global effort to address the challenges posed by this technology. In the United States, the Take It Down Act requires platforms to remove intimate AI-generated content within 48 hours, while South Korea has criminalized sexually explicit deepfakes. The European Union's AI Act mandates deepfake labeling but does not ban publication.
The Danish government intends to promote its approach within the EU, particularly when Denmark assumes the EU presidency. Engel-Schmidt plans to share Denmark's framework with European counterparts, advocating for a unified stance against AI abuse. By taking a proactive stance on deepfake regulation, Denmark hopes to set a precedent for other nations to follow, pushing for more robust global AI governance.
However, the implementation of this law faces potential challenges, as AI technology continues to advance and deepfakes become increasingly difficult to detect. Effective regulation will require the integration of advanced detection technologies to identify and remove unauthorized synthetic content from online platforms. Despite these challenges, Denmark's proposed law represents a bold and necessary step towards protecting citizens from the harms of deepfake technology and ensuring a more trustworthy digital environment.
