Question reference: S6W-26993
- Date lodged: 24 April 2024
-
Current status: Answered by Angela Constance on 7 May 2024
Question
To ask the Scottish Government whether it has reviewed, or plans to review, any current legislation in light of the UK Government's proposed amendment to the Criminal Justice Bill regarding sexually explicit deepfakes, and what its position is on whether there are any gaps in Scots law in relation to deepfake technology.
Answer
Disclosing or threatening to disclose sexually explicit 'deepfake' images, including by publishing them on the internet, is covered by the offence of 'disclosing or threatening to disclose an intimate image' at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
The Scottish Government is aware that the UK Government has announced that it will amend the Criminal Justice Bill to criminalise the making of sexually explicit 'deepfake' images without consent. We will carefully consider the amendment.