Breaking: Denmark Plans Tough Stance on Deepfakes
Government of Denmark advocates for prohibiting publication of deepfake material.
It's time to put an end to fake news! That's the resolute message from Denmark's government as it announces its strategy to curb the spread of deepfake content online, a strategy that echoes global efforts to address this burgeoning issue.
Following a growing concern over the potential damage deepfakes can inflict on democracy, public discourse, and individual identities, Culture Minister Jakob Engel-Schmidt declared existing laws fall short in preventing this type of content. In response, the government aims to update its copyright laws to better protect citizens.
"We're talking about rights over your own body, voice, facial features, and images," Engel-Schmidt explained in a Ritzau newswire statement.
Deepfakes refer to synthetic media that manipulates or fabricates a person's appearance, voice, or actions to make it appear as though they've said or done something they never did. These deceptive creations can take the form of audio, images, and videos.
Negotiations with other parties will be held with the objective of banning the publication of manipulated content like deepfakes and AI-generated content that depicts people without their consent. This move signals an evolution in existing copyright laws to accommodate the rise of false videos, like deepfakes.
Engel-Schmidt offered an example of a potential deepfake: a video of the prime minister announcing Denmark's withdrawal from NATO. He emphasized that the legislation is principally designed to protect democracy and prevent the circulation of deepfake videos containing statements that individuals would never make in reality.
The proposed Danish legislation will follow the EU framework and empower the government to order technology companies to remove deepfake content upon request. In the event that an individual discovers a deepfake video of them without their consent, the law will ensure that the tech giants are obligated to take it down.
Satirical use of deepfake and AI will remain legal provided it is explicitly marked as such. In cases where there is a dispute, the courts will have the final say.
Engel-Schmidt dismissed concerns that the proposed law would infringe on free speech. He stated, "This is about protecting public discourse," adding that identity theft has always been illegal.
Did you know?
- Worldwide Regulation: Similar approaches are being considered in various parts of the globe, including the EU AI Act's Article 50 requirements for providers/deployers to label synthetic content and criminalizing malicious deepfakes, particularly those targeting elections and personal privacy[1].
- First Amendment Protections: The US has implemented protections for artistic and satirical works, a balancing act Denmark must tackle to ensure free speech[3].
- Technical Feasibility: Questions remain about the practicality of compliance for smaller creators, a concern that arises from debates in the General-Purpose AI Code of Practice[5] about SME exemptions and compensation frameworks.
- The Danish government's proposed legislation aims to update its copyright laws to better protect citizens from the harm caused by deepfakes, signaling an evolution in existing laws to accommodate the rise of false videos.
- Culture Minister Jakob Engel-Schmidt explained that the law is primarily designed to protect democracy and prevent the circulation of deepfake videos containing statements that individuals would never make in reality.
- In the event that an individual discovers a deepfake video of themselves without their consent, the law will ensure that technology giants are obligated to take it down, while satirical use of deepfake and AI will remain legal provided it is explicitly marked as such.
- The EU framework, similar to the proposed Danish legislation, empowers governments to order technology companies to remove deepfake content upon request, and criminalizes malicious deepfakes, particularly those targeting elections and personal privacy.
- As concerns arise about the practicality of compliance for smaller creators, Denmark must approach the balancing act between free speech and copyright law carefully, as the US has implemented protections for artistic and satirical works.
