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Catching Up

What are Explicit Deepfakes?

Explicit deepfakes are AI-generated, non-consensual sexually explicit images and videos. They are one of the fastest-growing forms of online abuse. Explicit deepfakes exploit AI technology to harass, silence, and violate individuals, disproportionately targeting women and girls. Despite their devastating impact, laws remain weak, and tech platforms fail to take responsibility. This page explores the scope of the problem, relevant legislation, and what further resources. 

How AI is Being Weaponized Against Women

Explicit deepfakes are AI-generated, hyper-realistic images or videos that falsely depict individuals—usually women—in sexual situations without their consent. Using deep learning techniques like Generative Adversarial Networks (GANs), perpetrators can manipulate real photos or videos to create highly convincing yet entirely fabricated explicit content. These materials are then shared, sold, or used to blackmail, harass, and humiliate victims. Often, there is little to no legal consequences for those responsible.

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Anyone can be targeted by explicit deepfakes. Any publicly available image--a selfie posted to Instagram, a professional headshot, a news interview screenshot—can be stolen and turned into AI-generated sexual content. Victims are often blindsided, finding their likenesses circulating on explicit websites, social media, and private forums, with few options for removal. Once a deepfake is out there, it can spread indefinitely and resurface even after takedown requests.

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Women in journalism, activism, and politics are among the most frequent targets. Deepfakes are used to discredit, silence, and intimidate them. But this issue isn’t limited to public figures: all women and girls are at risk. The rise of easy-to-use deepfake tools has democratized digital exploitation, allowing anyone to create and distribute deepfakes at scale with just a few clicks.

 

As these AI tools become more powerful and accessible, the internet is becoming an increasingly hostile space for women and marginalized communities. Without stronger laws, corporate accountability, and proactive AI safeguards, explicit deepfakes will continue to spread unchecked, turning AI into a tool of control, fear, and abuse.

Why This Issue Matters

Imagine waking up to find an explicit video of yourself circulating online—except you never made it. Your face and identity were hijacked by AI and weaponized against you. Your friends, family, and employers may not know it’s fake. The damage to your reputation, mental health, and safety is real.

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For thousands of women, this isn’t hypothetical. It’s happening every day. And without strong laws and accountability from tech platforms, the problem is only growing.

98%

of AI-generated content online is explicit deepfakes

40%

of high school students have come into contact with deepfakes of themselves or their classmates--including explicit deepfakes

99%

of the victims of explicit deepfakes are women and girls

Explicit deepfakes are victimizing hundreds of thousands of women and girls. We're fighting back. 

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Explicit Deepfakes in 
the News

The Legal Landscape

The legal landscape surrounding explicit deepfakes is evolving, with various legislative efforts at both federal and state levels aiming to address the creation and distribution of non-consensual, AI-generated intimate content. Below is an overview of significant bills and laws:

 

Federal Legislation:

  • DEEPFAKES Accountability Act (H.R. 5586): Introduced in the 118th Congress, this bill seeks to protect national security against threats posed by deepfake technology and provide legal recourse to victims of harmful deepfakes. It emphasizes transparency requirements and aims to hold creators of malicious deepfakes accountable. (congress.gov)

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  • NO FAKES Act: This bipartisan legislation empowers victims of deepfakes by granting individuals a federal right to control digital replicas of their voice and likeness. It addresses concerns over sexually explicit deepfakes and unauthorized digital reproductions, aiming to safeguard personal privacy and artistic expression. (congress.gov)

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  • DEFIANCE Act: Introduced by Representative Alexandria Ocasio-Cortez, this act allows victims of deepfake pornography to sue creators, provided the deepfakes were made without their consent. The legislation focuses on offering victims a legal pathway to seek damages and hold perpetrators accountable. (congress.gov)

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  • TAKE IT DOWN Act: This act aims to protect victims of both real and deepfake 'revenge pornography.' It mandates the removal of non-consensual explicit content from platforms and provides mechanisms for victims to report and address such violations. (congress.gov)

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State Legislation:

  • California: Assembly Bill No. 602 provides individuals targeted by sexually explicit deepfake content made without their consent with a cause of action against the content's creator. Assembly Bill No. 730 prohibits the distribution of malicious deepfake media targeting political candidates within 60 days of an election.

     

  • New Jersey: Several bills are pending, including A 1604 and A 1892, which prohibit deepfake pornography and impose criminal and civil penalties for non-consensual disclosure. Additionally, A 2364 proposes establishing a Deepfake Technology Unit in the Department of Law and Public Safety.

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International Legislation:

  • United Kingdom: The Online Safety Act 2023 criminalizes the non-consensual sharing or threat to share sexualized deepfake imagery. However, it currently does not cover the creation of such content, highlighting a gap in the legislation. (gov.uk)

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  • Australia: Legislation introduced in 2024 creates new criminal offenses banning the sharing of non-consensual deepfake sexually explicit material. This move aims to address the surge in AI-generated 'revenge porn' and protect victims from such exploitation. (ministers.ag.gov.au)

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While these legislative efforts represent significant strides toward combating the misuse of deepfake technology, challenges persist. The rapid advancement and accessibility of AI tools often outpace the development and enforcement of laws. Moreover, inconsistencies across jurisdictions can complicate legal recourse for victims. Comprehensive and cohesive legal frameworks, both nationally and internationally, are essential to effectively address and mitigate the harms caused by explicit deepfakes.

Resources & Further Reading

To provide support and information on explicit deepfakes, we've curated a selection of resources, articles, and tools. These materials offer insights into the issue, legal perspectives, and guidance for those affected.​

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Educational Resources:

  • Briefing Paper: Deepfake Image-Based Sexual Abuse
    This paper by Equality Now explores the challenges posed by deepfake image-based sexual abuse, particularly against women and girls, and discusses legal frameworks to combat this form of exploitation. (    equalitynow.org)

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  • Survivor Safety: Deepfakes and the Negative Impacts of AI Technology
    The Maryland Coalition Against Sexual Assault discusses the psychological and societal effects of explicit deepfake videos and offers guidance for survivors. (    mcasa.org)

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Legal and Policy Perspectives:

  • Government Crackdown on Explicit Deepfakes
    The UK government outlines new legislation making the creation and sharing of sexually explicit deepfake images a criminal offense, aiming to protect victims from this invasive abuse. (    gov.uk)

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  • Deceptive Audio or Visual Media ("Deepfakes") 2024 Legislation
    The National Conference of State Legislatures provides an overview of U.S. state-level legislative efforts addressing deepfakes, including laws targeting non-consensual explicit content. (    ncsl.org)

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Journalism:

  • "High School Is Becoming a Cesspool of Sexually Explicit Deepfakes" The Atlantic reports on the alarming rise of non-consensual, sexually explicit deepfakes in American high schools, highlighting the challenges in combating this form of abuse. (theatlantic.com)

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  • "Scarlett Johansson Calls for Deepfake Ban After AI Video Goes Viral"
    The Verge covers actress Scarlett Johansson's call for legislative action against AI misuse following the circulation of a deepfake video featuring her likeness. (    theverge.com)

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  • "The Online Degredation of Women and Girls That We Meet With a Shrug" This New York Times opinion piece highlights the growing impact of explicit deepfakes, the personal toll it takes on victims, and the urgent need for stronger legal protection. (nytimes.com)

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Support and Safety:

  • How to Get Help If You Are the Victim of an Explicit Deepfake (UK) This feature by Yahoo News UK offers guidance for those in the United Kingdom impacted by explicit deepfakes, including contacting a helpline or reporting it to the police. (yahoo.com)

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For those impacted by explicit deepfakes, we encourage you to seek professional legal advice and any Title IX resources your workplace or school may have. Staying informed and vigilant is crucial in navigating and combating the challenges posed by explicit deepfakes.

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