Swinney considering options to end spread of deepfake images causing 'devastating harm'

The Scottish Government will work with Labour ministers to close loopholes to end the spread of sexually explicit deepfake images being shared online, John Swinney has suggested.

John Swinney is “carefully considering” legislation to halt the sharing of sexually explicit deepfake images that is causing “devastating harm” to victims.

UK ministers have announced they want to crack down on those creating and sharing deepfakes, with penalties going up to a two-year jail term.

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Legislation will be used to halt the spread of sexually explicit deepfake images being spread. PIC: Dominic Lipinski/PA WireLegislation will be used to halt the spread of sexually explicit deepfake images being spread. PIC: Dominic Lipinski/PA Wire
Legislation will be used to halt the spread of sexually explicit deepfake images being spread. PIC: Dominic Lipinski/PA Wire

Deepfakes are images generated or edited using artificial intelligence which strongly resemble real people.

There has been growing concern around the use of AI to create sexually explicit deepfakes, the vast majority of which depict women and girls.

Mr Swinney was asked about the issue at First Minister’s Questions, stressing “significant harm” is being caused, “especially to women who are often the victims”.

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He said: “The publication, distribution or sharing of sexually explicit deepfake images or videos without consent can currently be prosecuted.

“However, the development of artificial intelligence means creating such images is easier than ever and a growing problem which we take very seriously.”

The First Minister added: “Therefore, we are carefully considering whether specific legislation is required to provide greater protection to those at risk of image-based abuse.

John SwinneyJohn Swinney
John Swinney | Jane Barlow/PA Wire

“This work includes giving consideration to UK government plans to criminalise the creation of deepfake images extending to Scotland. This would require legislative consent and we are open to working with the UK government on this question.”

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Labour MSP Pauline McNeill, who raised the issue with the First Minister, warned that “deepfake abuse has been described as a new frontier of violence against women”.

She said: “The proliferation of sexually explicit deepfake images has grown at an alarming rate, causing devastating harm to victims.

“One of the most unsettling features of this abuse is that it’s often people known to the victim who are creating these images and sharing them.

“Teenage girls have found that their classmates are using apps to transform their social media posts into nudes before sharing them.

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I’ve raised this question before so I am pleased with the First Minister’s answer.”

Ms McNeill added: “Does he agree that there’s an urgency now to close any loopholes in the law in Scotland by working with the UK government who are doing the same?

Scottish Labour MSP Pauline McNeill (Photo: John Devlin).Scottish Labour MSP Pauline McNeill (Photo: John Devlin).
Scottish Labour MSP Pauline McNeill (Photo: John Devlin).

“It’s the sharing of images that is illegal and we need to close that gap.”

Mr Swinney pointed to the difficulties of legislation keeping up with advancing technology.

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He said: “This parliament, in 2016, passed the Abuse Behaviour and Sexual Harms Scotland Act, which provides for the action.

“We are just nine years later and the situation that Pauline McNeill puts to me demonstrates the pace at which all of this is happening in terms of rollout of technology.”

Mr Swinney suggested he would potentially use Holyrood’s legislative consent mechanism to streamline any legislation brought forward at Westminster applying in Scotland.

He said: “The United Kingdom government has said they intend to bring forward amendments to the Data, Use and Access Bill, which will criminalise those who ‘create artificial images either for sexual gratification or to cause alarm, distress or humiliation’.

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“There is perhaps an opportunity to move at pace because of what the United Kingdom government has done and because they have a legislative vehicle available for us to essentially utilise legislative consent to make urgent progress on that question.

“I give Pauline McNeill the assurance the government will engage constructively with the UK government, and with urgency, to make sure that is the case.”

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