Artificial intelligence has transformed the way digital content is created. One of its most troubling consequences is the rapid rise of deepfake criminal law in the UK concerns, particularly where AI is used to generate sexual images of real people without their consent.

What was once experimental technology is now widely accessible. With little more than a photograph or a text prompt, AI tools can create highly realistic sexual images that appear authentic. This development has exposed serious gaps in criminal law – gaps the government is now moving quickly to close.

This article explains how deepfake criminal law in the UK is evolving, why reform has become unavoidable and what the new offences mean in practice.

What Are Deepfakes and Why Do They Matter in Criminal Law?

Deepfakes are images, videos or audio files created using artificial intelligence and deep-learning models. These systems can convincingly manipulate:

• Facial features
• Body movements
• Voices and speech patterns

The resulting content is often indistinguishable from genuine material.

From a deepfake criminal law perspective, the greatest concern arises where AI is used to generate sexualised images of real people without their consent. These images can be created from:

• Simple text prompts
• Ordinary, non-sexual photographs
• Social media images scraped without knowledge

This has led to a rapid increase in both adult deepfake pornography and child sexual abuse material – exposing major weaknesses in existing criminal offences.

Why Existing Criminal Law Was Not Enough

Before recent reforms, police and prosecutors attempted to address deepfake abuse using indirect offences such as:

• Harassment
• Stalking
• Malicious communications

These prosecutions were inconsistent and often unsuccessful. Victims repeatedly reported feelings of humiliation and violation comparable to physical sexual offences – yet the law focused almost entirely on distribution, not creation.

Campaigners argued that deepfake criminal law in the UK should recognise that harm can exist even where images are never shared publicly.

The Online Safety Act 2023 and Its Limitations

Parliament first responded through the Online Safety Act 2023, which inserted section 66B into the Sexual Offences Act 2003.

Section 66B criminalised:

• Sharing intimate images without consent
• Threatening to share such images
• Sharing for sexual gratification or to cause distress

Crucially, it did not criminalise the act of creating deepfake sexual images.

This decision followed advice from the Law Commission, which concluded that “making” offences would be difficult to enforce and that harm primarily arose from publication.

As a result, deepfake criminal law in the UK still left creators untouched unless they shared or threatened to share the images.

The 2025 Crackdown on Deepfakes

In January 2025, the Ministry of Justice announced a major crackdown on sexually explicit deepfakes.

These reforms were fast-tracked into section 135 of the Data (Use and Access) Bill, proposing the creation of a new offence under section 66E of the Sexual Offences Act 2003.

This marks a decisive shift in deepfake criminal law in the UK – criminalising behaviour that previously fell outside the law altogether.

The New Offence – Creating Deepfake Sexual Images

Under the proposed section 66E, a person commits an offence if they:

• Intentionally create a purported intimate image of another adult
• Do so without consent
• Do not reasonably believe consent exists

A “purported intimate image” includes images that:

• Appear to be photographs or videos
• Are AI-generated or altered
• Show an adult in an intimate state

The key change is that sharing is no longer required. The act of creation alone is enough to trigger criminal liability under deepfake criminal law in the UK.

Criminalising Requests for Deepfake Images

The reforms go further. It will also be an offence to request the creation of a deepfake sexual image.

Importantly:

• The request does not need to be explicit
• Agreeing to conditions or indicating consent may be enough
• No words may be exchanged at all

This dramatically widens liability and brings those commissioning deepfake content within the scope of deepfake criminal law in the UK.

Both offences will be triable in the Magistrates’ Court, carrying:

• Up to 6 months’ imprisonment
• An unlimited fine

Legal and Practical Problems with the New Law

Despite its strong intent, the new legislation raises serious issues.

Legal Uncertainty

The law does not define what “creation” means. Courts may be forced to interpret whether it is narrower than the long-established concept of “making” indecent images – which includes downloading or storing files.

This ambiguity could lead to inconsistent enforcement of deepfake criminal law in the UK.

Enforcement Difficulties

Police will often struggle to prove who actually created an image. Forensic analysis of devices will be required, and suspects may claim images were received unsolicited.

As a result, prosecutions may be rare unless images are discovered during unrelated investigations.

The Ethical Dilemma No One Is Talking About

The most controversial issue is ethical rather than legal.

The new offence may criminalise individuals who:

• Experiment privately with AI tools
• Create images without intent to distribute
• Cause no direct harm

In practice, this could include young men exploring AI technology and sexuality. Police and the CPS will be left to balance:

• The rights and dignity of victims
• The risk of over-criminalisation
• The need for education over punishment

This unresolved tension sits at the heart of deepfake criminal law in the UK.

What This Means for the Public

Once enacted, these reforms will mean:

• Creating deepfake sexual images is a criminal offence
• Requesting deepfake sexual images is also illegal
• Intent to share is no longer required

Anyone engaging with AI image-generation tools must now understand the serious criminal risks involved.

Need Legal Advice?

If you are under investigation, accused of image-based offences, or concerned about your legal position under emerging deepfake criminal law in the UK, early specialist advice is essential.

Contact Newgate Solicitors today for confidential criminal defence guidance from experienced legal professionals.

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