Scots who create or share sexually explicit deepfake images could face a legal crackdown under plans being considered by the SNP Government.
John Swinney said today he was willing to work with Westminster on the criminalisation of pornographic pictures or videos created by artificial intelligence (AI) without the subject’s consent.
UK ministers announced earlier this month their intention to crack down on those creating and sharing deepfakes, with penalties going up to a two-year jail term.
There has been growing concern around the use of AI to create sexually explicit deepfakes, the vast majority of which depict women and girls.
The First Minister indicated he is willing to deal with the issue through legislative consent, where Holyrood allows Westminster to legislate in an area which is normally devolved.
Labour’s Pauline McNeill raised the issue at First Minister’s Questions, saying it is particularly “unsettling” that those creating deepfakes sometimes know their victims personally.
She gave an example of schoolgirls becoming aware that male classmates were making deepfakes of them, and she urged the Government to close any legal loopholes.
McNeil said: “Deep fake abuse has been described as a new frontier in violence against women. The proliferation of sexually explicit deep fake images has grown at an alarming rate, causing devastating harm to victims.
“A campaign group that tackles fake image abuse found 99 per cent of deep fake images were of women and girls. And one of the most unsettling features of the abuse is it is often people known to the victim who are creating these images and sharing them.
“Teenage girls have found their classmates are using apps to transform their social media posts into nudes, before sharing them.”
She asked if the Scottish Government had plans to criminalise the making of sexually explicit deep fake images or video.
Swinney responded: “I recognise the significant harm that can be caused by such images – especially to women, who are often the victims.
“The publication, distribution or sharing of sexually explicit deep fake images or videos, without consent, can currently be prosecuted using the offence concerning the disclosure of intimate images. However, the development of artificial intelligence means creating such images is easier than ever, and a growing problem which we take very seriously.
“Therefore, we are carefully considering whether specific legislation is required to provide greater protection to those at risk of image-based abuse. This work includes giving consideration to UK Government plans to criminalise the creation of deep fake images extending to Scotland.
“This would require legislative consent, and we are open to working with the UK Government on this question.”
Alex Davies-Jones, the UK Government victims’ minister, said earlier this month it was “unacceptable that one in three women have been victims of online abuse”.
Announcing plans to tackle deepfakes, he added: “This demeaning and disgusting form of chauvinism must not become normalised, and as part of our Plan for Change we are bearing down on violence against women – whatever form it takes.
“These new offences will help prevent people being victimised online. We are putting offenders on notice – they will face the full force of the law.”
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