Socialists and Democrats seek EU ban on harmful deepfakes
Draft proposals would require platforms and AI providers to act against prohibited deepfakes without waiting for complaints from victims.
The European Parliament’s centre-left Socialists and Democrats group is seeking an EU-wide ban targeting deepfakes that cause harm, deceive people or use their likeness without consent. Its draft technology objectives would put responsibility on platforms and artificial intelligence providers to prevent such material from spreading.
The draft leaves open how the ban would be implemented. German MEP Tiemo Wölken, a Socialists and Democrats legislator working on Parliament’s copyright and AI report, warned that diverging national approaches create legal uncertainty that could be exploited.
Denmark has proposed changing copyright legislation to restrict public sharing of digital replicas made without consent, with exceptions covering parody, criticism and satire. Cyprus amended its copyright legislation in March, while Belgian lawmakers put forward copyright-like protections for images and voices in September.
Current EU legislation addresses parts of the problem: the AI Act requires transparency around deepfakes, and the Digital Services Act sets obligations for platforms handling illegal material. Neither establishes a general EU-wide right over a person’s digital likeness. Restrictions on certain AI systems’ ability to generate non-consensual sexually explicit material are due in December.
Legal experts have questioned whether copyright-style rights are the right approach. Such rights can be transferred or licensed, potentially leaving performers without control over their AI replicas. Denmark’s proposed general protection cannot be transferred, although its separate right for performers could be licensed.
In March, Parliament asked the European Commission to consider action on unauthorised digital replicas. The Commission is gathering views on potential copyright changes until 3 November. Wölken expects its forthcoming copyright initiative to address digital replicas and wants protection to reach beyond performers.
