'Your face, your rights': Denmark's tough new Deepfake law could change how AI imitations are handled across Europe
The legislation has two core objectives. First, it introduces a broad protection for the general public against realistic digital reproductions of personal characteristics without consent. Second, it provides specific protection for performing artists, shielding them from unauthorised imitations of their creative work or performances generated through artificial intelligence.
Deepfakes seen as a threat to Democracy and creators
The Ministry emphasized the urgency of the issue, warning that it may soon be difficult to distinguish between real and AI-generated content. This, officials say, could become a 'real democratic problem,' particularly given how quickly deepfake content can spread online.
Performing artists, the ministry noted, may be particularly vulnerable. With AI tools now capable of replicating voices, faces, and performances with minimal effort, artists risk losing control of their work. Culture Minister Jakob Engel-Schmidt stated:
'You have the right to your own body, your own voice, and your own facial features.'
He added that the proposed change is a timely response to technology advancing faster than legislation, and praised the broad political support it has received in the Danish parliament. The proposal is backed by the Social Democrats, Venstre (Liberal Party), the Moderates, and several other parties across the political spectrum.
Compliance, enforcement and alignment with EU laws
Under the proposal, individuals who are targeted by deepfakes may be able to seek compensation through Denmark's existing civil compensation laws. However, the law does not propose criminal penalties for individuals sharing such content.
Technology companies, on the other hand, face stricter consequences. If they fail to act after receiving notification of illicit content under the EU Digital Services Act (DSA), they may be fined by the DSA Supervisory Authority or the European Commission. Engel-Schmidt commented that platforms should take this 'very seriously,' noting the potential for 'severe fines.'
The Ministry confirmed that the proposal will be submitted to the EU Commission before being formally introduced in Denmark. The law will also be aligned with European and international standards, including the European Convention on Human Rights. This means it will not restrict the use of satire or artistic expression.
The government expects to submit the proposal before Denmark's summer recess. The amendment is likely to be passed by the end of the year or early next year.
Denmark's deepfake legislation signals a proactive step toward protecting identity, while maintaining alignment with EU rights and regulations.
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