Artificial intelligence has made it easier than ever to create realistic images, videos and audio that appear to show a real person doing or saying something they never actually did.
These are commonly known as deepfakes.
Deepfake technology can be used for malicious purposes, including fraud, identity theft, harassment, abuse, misinformation and the creation of sexually explicit content without a person’s consent.
So, are deepfakes illegal in the UK?
The answer is not straightforward. There is no single UK law that makes every deepfake or piece of AI-generated content illegal. Instead, whether a deepfake is unlawful depends on the circumstances, the content involved and what the person creating or sharing it intended to do.
This guide explains what deepfakes are, when creating or sharing them can amount to a criminal offence, and the potential legal consequences for those responsible.
What Is A Deepfake?
A deepfake is a form of synthetic media created or manipulated using artificial intelligence.
Deepfake technology can be used to alter or generate:
- Images
- Videos
- Audio recordings
- A person’s voice
- Facial features
- Speeches or statements
- Other forms of digital content
AI tools can analyse existing photographs, videos or recordings and use them to produce realistic synthetic content. This can make it appear that a person has said or done something that never happened.
For example, a deepfake video could make it appear that a politician has made a particular statement. Similarly, AI could be used to mimic someone’s voice in an attempt to persuade another person that they are speaking to a genuine family member, colleague or business representative.
The technology is becoming increasingly sophisticated, making some deepfake videos and audio recordings difficult to distinguish from authentic material.
Are Deepfakes Illegal In The UK?
Not all deepfakes are illegal.
Creating an AI-generated image, video or audio recording is not automatically a criminal offence simply because it is manipulated or synthetic.
However, creating or sharing deepfake content can become illegal where it falls within an existing criminal offence or a specific deepfake law.
For example, the law can apply where deepfakes are used to:
- Create or share sexually explicit images without consent
- Create indecent images of children
- Harass, threaten or abuse another person
- Cause serious psychological or physical harm through false communications
- Commit fraud or financial scams
- Impersonate someone for a criminal purpose
- Facilitate other criminal activity
- Mislead people in circumstances where another criminal offence is committed
The fact that artificial intelligence was used does not provide a defence. If the underlying conduct is criminal, using AI tools to carry it out does not make it lawful.
When Are Deepfakes A Criminal Offence?
There are several circumstances in which deepfake content can result in criminal prosecution.
Sexually Explicit Deepfakes
One of the clearest areas where deepfake laws have developed is non-consensual sexually explicit content.
Since 6 February 2026, creating a purported intimate image of an adult without their consent, or without a reasonable belief that they consented, is a criminal offence in England and Wales under section 66E of the Sexual Offences Act 2003, as inserted by the Data (Use and Access) Act 2025.
The offence covers images that appear to show an adult in an intimate state but are not, or are not only, an authentic photograph or film of that person. This means that AI-generated deepfake images can fall within the offence.
It is also an offence to request the creation of a purported intimate image of an adult without consent or a reasonable belief in consent. Importantly, the offence can apply even if the requested image is never actually created.
The law therefore goes beyond simply punishing people who distribute harmful deepfake content. The creation and requesting of certain non-consensual intimate deepfakes can themselves constitute criminal offences.
Sharing Sexually Explicit Deepfakes
Sharing or threatening to share intimate images without consent can also amount to a criminal offence.
The law already covers situations involving intimate images, including deepfakes, and the Government has specifically confirmed that sharing or threatening to share a sexually explicit deepfake without consent is a criminal offence.
This means a person could potentially face prosecution even if they were not responsible for creating the original deepfake.
The circumstances of the alleged offence, the content involved and the person’s intention will all be relevant when determining the appropriate charge.
Deepfakes Involving Children
Deepfake content involving children is treated particularly seriously.
Existing criminal law already covers the creation, possession and distribution of indecent images of children, including realistic AI-generated or computer-generated material.
This means that the argument that an image was “AI-generated” does not make it lawful if it amounts to prohibited child sexual abuse material.
The Crime and Policing Act 2026 has also introduced new offences relating to child sexual abuse image-generators, targeting technology specifically made or adapted to facilitate the creation of child sexual abuse material.
Deepfake Generator Tools
The law has also moved beyond the content itself.
Since June 2026, section 66I of the Sexual Offences Act 2003 creates an offence relating to making, adapting, supplying or offering to supply a tool or service intended to generate purported intimate images of people without consent.
These tools are sometimes described as “nudification” applications because they can be used to digitally remove clothing from images of real people.
The offence can carry a maximum penalty of three years’ imprisonment and/or an unlimited fine on indictment. There is a defence where the person can demonstrate that they took all reasonable steps to prevent the generator being misused to create non-consensual intimate images.
This represents an important development in deepfake regulation because the law can now target certain technology designed to facilitate harmful deepfake content, rather than only targeting the individual who creates or distributes the resulting image.
Can Deepfakes Be Used For Fraud?
Deepfakes can also be used to facilitate fraud and financial scams.
For example, an offender could use AI to:
- Mimic a company director’s voice
- Create a fake video call
- Impersonate a family member
- Produce a realistic image of another person
- Pretend to be a bank employee
- Manipulate documents or other digital material
- Convince a victim to transfer money
There is not necessarily a separate criminal offence simply called “deepfake fraud”. Instead, prosecutors can potentially rely on existing fraud legislation where the elements of an offence are met.
Using artificial intelligence does not change the fundamental nature of the conduct. If someone deliberately uses manipulated content to make a dishonest representation and obtain a financial advantage, the fact that AI was involved may form part of the evidence surrounding the alleged offence.
Deepfakes, Identity Theft And Impersonation
Deepfake technology can make identity theft and impersonation easier.
An offender could use photographs, facial features or a person’s voice to create realistic synthetic media designed to convince someone that they are dealing with the genuine person.
Again, there is no single offence covering every form of deepfake identity theft. The legal consequences will depend on what the offender does with the material.
For example, if the deepfake is used to obtain money, access an account, deceive a business or facilitate another offence, existing criminal laws may apply.
The use of a person’s identity without consent may also give rise to civil legal issues, particularly where the material causes reputational or financial harm.
Deepfakes And Harassment
Deepfake content can also form part of a wider pattern of harassment or abuse.
For example, an offender could repeatedly create or distribute manipulated images of a victim, use their voice to produce abusive recordings or circulate fabricated videos intended to humiliate them.
The deepfake itself does not necessarily determine whether an offence has been committed. Prosecutors will consider the full circumstances, including the offender’s conduct, intent, communications and the effect on the victim.
Where a deepfake is used as part of harassment, stalking, threats or other abusive behaviour, the offender could potentially face prosecution for the underlying conduct.
False Deepfakes And Online Communications
The Online Safety Act 2023 introduced a false communications offence.
A person can commit this offence where they send a message conveying information they know to be false, intend the message to cause non-trivial psychological or physical harm to a likely audience, and have no reasonable excuse for sending it. The offence carries a maximum penalty of 51 weeks’ imprisonment or a fine, or both, and applies in England, Wales and Northern Ireland.
This can be relevant to deepfake content where a manipulated image, video or audio recording is communicated in circumstances that satisfy the requirements of the offence.
The important point is that not every false or misleading deepfake will automatically amount to a false communications offence. The prosecution would need to establish the specific legal requirements, including the required knowledge and intention.
Are Political Deepfakes Illegal?
Political deepfakes have become a significant concern because they can make it appear that politicians, candidates or political organisations have said or done things that never happened.
However, there is not a blanket UK criminal offence making every political deepfake illegal.
Instead, different rules may apply depending on what the material says, who created it, where it is published and what purpose it serves.
For example, UK electoral law contains restrictions concerning false statements about the personal character or conduct of candidates and false statements about a candidate’s withdrawal from an election. Digital political and election material may also be subject to digital imprint requirements.
The Electoral Commission has also warned campaigners against using AI-generated content in ways that could mislead voters and launched a deepfake detection pilot during the 2026 elections in England, Scotland and Wales.
This illustrates an important distinction: political deepfakes may be harmful and subject to electoral rules or other laws without there being a single general offence of creating a political deepfake.
What Are The Legal Consequences Of Creating A Deepfake?
The legal consequences depend on the offence that has allegedly been committed.
Depending on the circumstances, a person could face:
- A criminal investigation
- Police interview
- Prosecution
- A criminal conviction
- A fine
- Imprisonment
- A criminal record
- Confiscation or deletion orders
- Restrictions relating to electronic devices or digital material
- Civil proceedings for damages or other remedies
The potential sentence will depend on the specific offence and the circumstances of the case.
For example, creating a non-consensual purported intimate image of an adult is now a specific criminal offence. Separately, making or supplying certain intimate-image generator tools can carry a maximum sentence of three years’ imprisonment and/or an unlimited fine on indictment.
More serious conduct can potentially result in prosecution for other offences carrying significantly different penalties.
What If Someone Creates A Deepfake But Does Not Share It?
This is an important distinction.
It is a misconception that creating a deepfake is always lawful provided it remains private.
For certain types of content, creation itself can be a criminal offence.
For example, the offence under section 66E of the Sexual Offences Act 2003 specifically concerns the intentional creation of a purported intimate image of an adult without consent or reasonable belief in consent. Sharing the image is not an essential element of that offence.
Similarly, the law concerning prohibited images of children can apply to the creation or possession of AI-generated material.
This means that anyone using AI tools to create deepfake content should consider the nature of the material and whether another person’s rights or the criminal law are engaged.
What If The Person Gave Consent?
Consent can be highly significant.
The current law concerning purported intimate images of adults focuses on whether the person depicted consented to the creation of the image, or whether the person creating it reasonably believed that they had consented.
However, consent to one use of someone’s image does not necessarily mean consent to every possible use.
For example, a person agreeing to have their photograph used in an AI-generated project would not necessarily mean they have consented to that photograph being manipulated into sexually explicit material.
The precise circumstances and scope of any consent will therefore matter.
Deepfake Laws Around The World
Different countries are taking different approaches to deepfake regulation.
For example, South Korea has introduced particularly stringent laws concerning sexually explicit deepfake content. Its legislation prohibits the creation and distribution of certain sexually explicit manipulated images involving a person’s face, body or voice without their consent, with penalties including imprisonment. Amendments have also introduced penalties for possessing, purchasing, storing or viewing certain sexually explicit deepfake material.
The international approach demonstrates that deepfake regulation is developing rapidly. Governments, lawmakers and technology companies around the world are considering how existing laws should apply to synthetic media and whether additional regulation is required.
What Should You Do If You Are Accused Of Creating A Deepfake?
If you are accused of creating or distributing deepfake content, you should take the allegation seriously.
The fact that you used an AI tool does not determine whether you have committed an offence. Equally, being accused of creating a deepfake does not mean that you are automatically guilty.
The prosecution would need to establish the elements of the particular offence charged. Issues such as intent, consent, knowledge, reasonable belief, the nature of the content and how it was created or distributed may all be relevant.
You should seek specialist legal advice as early as possible, particularly if the police want to interview you or you have received a summons or other documentation relating to a prosecution.
Speak To McArthur Solicitors About A Deepfake-Related Allegation
Deepfake cases can involve rapidly developing areas of criminal law, particularly where artificial intelligence, sexually explicit content, harassment, fraud or online communications are involved.
If you are under investigation or have been accused of creating, requesting or distributing deepfake content, obtaining specialist legal advice at an early stage can help you understand the allegation and your available options.
Contact McArthur Solicitors today for expert advice on criminal allegations involving deepfakes and AI-generated content.
