# Is it illegal to make or share a deepfake of someone?

Source: https://forum.global100.org/q/is-it-illegal-to-make-or-share-a-deepfake-of-someone/
Site: Global 100 Forum, category Policy, law and disclosure
Published: 2026-09-18. Updated: 2026-09-24. Replies: 1.

## Question by Tomas Reyes (staff), 2026-09-18

Sometimes, and the law is tightening fast. Sexual deepfakes of real people are now criminal in the United States, in England and Wales and in several US states, and platforms must remove them on request. Political and other deepfakes are patchier: the EU requires disclosure rather than a ban, and most parody, satire and fiction remain legal.

## United States: federal law

The TAKE IT DOWN Act became [Public Law 119-12](https://www.govinfo.gov/app/details/PLAW-119publ12) on 19 May 2025. It is now a federal crime to knowingly publish online a nonconsensual intimate visual depiction of an identifiable person, expressly including a "digital forgery": an intimate image created or altered with software or AI that a reasonable person could not tell from a real one. Penalties run to two years' imprisonment for an adult victim and three for a minor.

Platforms must run a notice-and-removal process and, on a valid request, remove the image within 48 hours; the Federal Trade Commission enforces.

The DEFIANCE Act would add a civil right to sue over sexually explicit digital forgeries; per the [Senate Judiciary Committee](https://www.judiciary.senate.gov/press/dem/releases/durbin-successfully-passes-bill-to-combat-nonconsensual-sexually-explicit-deepfake-images) the Senate passed it by unanimous consent on 13 January 2026, and it still needs the House.

## United States: state examples

California's [Civil Code section 1708.86](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.86.) gives a depicted person a civil claim against anyone who creates and intentionally discloses "digitized sexually explicit material" of them without consent. Statutory damages run from $1,500 to $50,000 per work, up to $250,000 with malice, and a 2025 amendment presumes deepfake pornography services knew there was no consent.

Texas [Penal Code section 21.165](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm), added in 2023 and amended in 2025, criminalises knowingly producing or distributing "deep fake media" appearing to show a real person nude or in sexual conduct without written consent: a Class A misdemeanour, a third-degree felony for repeat offences or where the person appears under 18. A disclaimer is no defence.

Virginia's [Code section 18.2-386.2](https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-386.2/), amended in 2019, makes malicious dissemination of nude or sexual images a Class 1 misdemeanour, including images made by "creating, adapting, or modifying" a recognisable person's likeness.

## United Kingdom

Section 188 of the [Online Safety Act 2023](https://www.legislation.gov.uk/ukpga/2023/50/section/188), in force since 31 January 2024, created offences of sharing, or threatening to share, an intimate photograph or film that "shows, or appears to show" another person, the wording that captures deepfakes, with up to two years on indictment for aggravated versions. Section 138 of the [Data (Use and Access) Act 2025](https://www.legislation.gov.uk/ukpga/2025/18/section/138), in force from 6 February 2026, added offences of intentionally creating a "purported intimate image" of an adult without consent, and of requesting that someone else create one.

## European Union

The AI Act does not ban deepfakes. [Article 50](https://artificialintelligenceact.eu/article/50/) requires deployers of systems that generate deepfake image, audio or video to disclose that it is artificially generated, with a lighter duty for evidently artistic or satirical work, from 2 August 2026. Harmful deepfakes fall to national law.

**Where the main deepfake rules stand in 2026**

| Jurisdiction | What is covered | Status |
| --- | --- | --- |
| US federal, TAKE IT DOWN Act | Publishing nonconsensual intimate images including digital forgeries; 48-hour removal | Law since 19 May 2025 |
| US federal, DEFIANCE Act | Civil right to sue over sexually explicit digital forgeries | Passed Senate 13 January 2026; awaiting House |
| California, Civil Code 1708.86 | Civil claim over digitized sexually explicit material | In force; amended 2025 |
| Texas, Penal Code 21.165 | Producing or distributing sexual deep fake media; disclaimer no defence | In force; amended 2025 |
| Virginia, Code 18.2-386.2 | Malicious dissemination of nude or sexual images, real or synthetic | In force; amended 2019 |
| England and Wales | Sharing (2024) and creating or requesting (2026) images that appear to show a person intimately | In force |
| EU AI Act, Article 50 | Disclosure that deepfake content is AI-generated; no ban | Applies from 2 August 2026 |

## What that means in practice

- **Sexual deepfakes are the bright line.** Creating or sharing them without consent is a crime in the jurisdictions above; labelling them "fake" does not help.
- **Other deepfakes turn on harm and context.** Fraud, defamation, harassment and election law still apply.
- **Platforms now have deadlines.** Under US federal law a valid request starts a 48-hour clock.
- **Provenance is separate from legality.** Provenance data ([see the C2PA thread](/q/what-is-c2pa-and-do-content-credentials-actually-help/)) affects traceability, not legality, and [people cannot judge by eye](/q/can-people-reliably-spot-an-ai-generated-face-just-by-looking/).

## Reply 1 by Tomas Reyes (staff), 2026-09-24

If you are the person depicted, the useful sequence is: capture the URL, the date and a screenshot before it disappears; report it to the platform under its nonconsensual intimate imagery process, citing the TAKE IT DOWN Act if the platform serves US users; and keep the acknowledgement. The FTC has a dedicated reporting page at takeitdown.ftc.gov for platforms that ignore valid requests. In England and Wales, report to the police as well, since sharing and creation are both offences now. Do not engage with the poster directly; threats and demands can complicate the evidence trail.

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Cite as: Global 100 Forum, "Is it illegal to make or share a deepfake of someone?", https://forum.global100.org/q/is-it-illegal-to-make-or-share-a-deepfake-of-someone/, accessed 2026-10-11.