Deepfake laws rarely ban the technology; they target uses: intimate deepfakes made or shared without consent, commercial use of a real person's face or voice, undisclosed synthetic performers in ads, and, in the EU, unlabelled realistic AI content. The table below lists only laws we could check on an official government page in October 2026.
Deepfake laws are rules that restrict how AI-generated or manipulated images, video and audio of people may be made, shared or used, most often by banning non-consensual intimate deepfakes and requiring consent or disclosure. No country we checked bans deepfakes outright; each targets particular harms.
Every row below links to an official legislature, government or regulator page, checked October 2026. We left out laws we could not confirm on an official source, so the table is short on purpose. This is general information, not legal advice.
For creators, the practical questions are the same everywhere: whose face or voice is in the content, did they consent, is it intimate, is it an ad, and does a viewer know it is AI? Our AI influencer legal and ethics guide covers the wider picture; this page is the jurisdiction reference.
How deepfake laws work
Most deepfake laws fall into three families. Intimate-image offences make it a crime to create or share sexual or intimate images of a real person without consent, and newer versions say explicitly that AI-made images count. Likeness and publicity rights let a person sue when their face or voice is used commercially without permission. Transparency rules require a label when realistic synthetic content is published or used in advertising.
- 01Is a real, identifiable person shown?
If yes, consent and likeness rules come into play.
- 02Is it intimate or sexual?
Intimate-image offences apply, usually criminal.
- 03Is it used to sell something?
Publicity rights and ad disclosure laws apply.
- 04Could it pass as real?
Transparency rules, like EU Article 50, require a label.
Deepfake laws by jurisdiction
| Jurisdiction | Law | What it covers | Type | Status |
|---|---|---|---|---|
| European Union | AI Act, Article 50(4) | Professional deployers must disclose realistic deepfakes | Regulatory fines | Applies from Aug 2, 2026 |
| UK: England and Wales | Sexual Offences Act 2003, s.66B | Sharing an intimate image that shows or appears to show a person, without consent | Criminal | In force |
| UK: England and Wales | Sexual Offences Act 2003, ss.66E-66F | Creating, or asking someone to create, a purported intimate image of an adult without consent | Criminal | In force from Feb 6, 2026 |
| Australia (federal) | Criminal Code, s.474.17A | Transmitting sexual material of an adult without consent, including AI-made material | Criminal (up to 6 years; 7 if the sender made it) | Act assented to Sep 2, 2024 |
| New South Wales | Crimes Amendment (Intimate Image and Audio Material) Act 2025 | Creating or altering intimate images and audio without consent | Criminal | Valid from Feb 16, 2026 |
| India | IT Rules amendment (G.S.R. 120(E)) | Platforms must label synthetic content; large platforms collect user declarations | Platform duties | Notified Feb 10, 2026 |
| US (federal) | TAKE IT DOWN Act | Publishing non-consensual intimate depictions, including digital forgeries; 48-hour takedown | Criminal plus FTC enforcement | Platform duty from May 19, 2026 |
| California | Civil Code 1708.86 | Sexually explicit digitized material made or shared without written consent | Civil: the depicted person can sue | In force |
| Tennessee | ELVIS Act | Unauthorized use of a person's voice or likeness, and tools built to copy them | Civil | Effective July 1, 2024 |
| New York | General Business Law 396-b (S8420-A) | Ads must conspicuously disclose synthetic performers | Civil penalty ($1,000, then $5,000) | In effect (announced June 9, 2026) |
Sources: AI Act Article 50; Sexual Offences Act 2003 s.66B; Data (Use and Access) Act 2025 s.138 and its commencement regulations; Criminal Code Amendment (Deepfake Sexual Material) Act 2024; Judicial Commission of NSW; MeitY IT Rules; TAKE IT DOWN Act and the FTC compliance page; California Civil Code 1708.86; Tennessee SB 2096; New York S8420-A and the Governor's announcement. All checked October 2026.
What is the deepfake law in the UK?
In England and Wales, two layers apply. Section 66B of the Sexual Offences Act 2003 makes it an offence to share a photograph or film that "shows, or appears to show" another person in an intimate state without consent, which covers deepfakes. Since February 6, 2026, section 138 of the Data (Use and Access) Act 2025 adds sections 66E and 66F: creating, or requesting the creation of, a purported intimate image of an adult without consent is now an offence in itself, even if the image is never shared. Scotland and Northern Ireland legislate separately.
What are the deepfake laws in Australia?
The federal Criminal Code Amendment (Deepfake Sexual Material) Act 2024 inserted section 474.17A, which makes it an offence to transmit sexual material of an adult over a carriage service without consent. The section says it is irrelevant whether the material was created or altered using technology, and its note names deepfakes. The maximum is 6 years, rising to 7 where the sender created or altered the material. In New South Wales, the Crimes Amendment (Intimate Image and Audio Material) Act 2025 added offences for creating or altering intimate images and audio without consent, valid from February 16, 2026. Other states have their own rules.
What are the deepfake laws by state in the US?
US law is a patchwork. At the federal level, the TAKE IT DOWN Act covers non-consensual intimate depictions, including "digital forgeries", and the FTC enforces the 48-hour removal duty for platforms from May 19, 2026. Beyond that, states lead. California's Civil Code 1708.86 lets a depicted person sue over sexually explicit digitized material, and defines consent as a signed, plain-language agreement. Tennessee's ELVIS Act extends its publicity right to voice, including simulated voice, and reaches tools whose primary purpose is copying a person. New York now requires ads that use AI-generated synthetic performers to disclose them. Many other states have election or intimate-image deepfake laws; check your state legislature's site for the current text.
Example: one AI clip, three outcomes
Deepfake laws vs AI labeling rules
People often mix up laws that protect a person from being faked with rules that protect viewers from being misled. They overlap, but they ask different questions.
- Protect the person shown
- Turn on consent
- Often criminal for intimate images
- The victim can often sue
- A label does not make it lawful
- Protect the viewer
- Turn on disclosure
- Usually regulatory fines
- Enforced by regulators or platforms
- Apply even to original AI personas
For the EU labeling side in detail, read our guide to EU AI Act deepfake labeling. For consent and releases, see AI likeness rights.
What creators should do
- Build personas from original faces, not real people's photos
- Get a signed, specific release before using anyone's face or voice
- Never make intimate content of a real person without documented consent
- Label realistic AI content visibly, especially for EU audiences
- Disclose synthetic performers in ads shown in New York
- Report deepfakes of yourself to the platform and keep evidence
If you are building an original AI persona and want the full workflow, from character design to disclosure and brand deals, our AI Influencers program covers it. Face swapping real people is where most legal trouble starts; our AI face swap guide explains the safer uses.
Related terms
- Digital forgery: the TAKE IT DOWN Act term for an AI or software-made intimate depiction indistinguishable from a real one.
- Purported intimate image: the England and Wales term for an image that appears to be a photo or film of a person in an intimate state but is not.
- Synthetic performer: New York's term for an AI-created asset that appears to be a human performer who is not an identifiable real person.
- Deployer: the EU AI Act term for a person or business using an AI system professionally.
Deepfake laws: FAQ
Are deepfakes illegal?
Making a deepfake is not illegal in itself in most places. What the law targets is specific uses: sexual or intimate deepfakes of real people without consent, commercial use of someone's face or voice without permission, deceptive advertising, and, in the EU, publishing realistic deepfakes professionally without a disclosure. The details vary by country and state, so check the law where you and your audience are.
What is the deepfake law in the UK?
In England and Wales, sharing an intimate image that shows or appears to show someone without consent is an offence under section 66B of the Sexual Offences Act 2003, which covers deepfakes. Since February 6, 2026, creating or requesting a purported intimate image of an adult without consent is also an offence under new sections 66E and 66F. Scotland and Northern Ireland have their own laws.
What are the deepfake laws in Australia?
Federally, section 474.17A of the Criminal Code makes it an offence to use a carriage service to transmit sexual material of an adult without consent, and says it is irrelevant whether the material was created or altered using technology. The maximum is 6 years, or 7 if the person also created or altered it. States add their own offences; New South Wales added creation offences from February 16, 2026.
Is there a federal deepfake law in the US?
Yes, for intimate images. The TAKE IT DOWN Act, signed in 2025, makes it a federal crime to publish non-consensual intimate depictions, including AI digital forgeries, and since May 19, 2026 requires covered platforms to remove reported content within 48 hours. There is no general federal likeness right yet; the proposed NO FAKES Act was still a bill in October 2026.
Do deepfake laws apply to fictional AI influencers?
Mostly not, because most deepfake laws protect real, identifiable people. A fully original AI persona does not have likeness rights to infringe. Two rules still reach it: the EU AI Act asks professional creators to label realistic AI content that could pass as real, and New York requires ads with synthetic performers to say so. Platform labelling rules also apply everywhere.
Can I sue someone for making a deepfake of me?
Often, yes, but the route depends on where you live. California Civil Code 1708.86 gives a depicted person a cause of action over sexually explicit digitized material made or shared without consent. Tennessee's ELVIS Act lets people sue over unauthorized use of their voice or likeness. Elsewhere, privacy, defamation or personality-rights claims may apply. This is general information, not legal advice.
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