The Government gives its approval to the norm that combats 'deepfakes' and will take it to the Congress of Deputies for parliamentary approval

This Tuesday, July 7, the Council of Ministers is scheduled to approve the draft law that considers the unauthorized use and dissemination of manipulated images or voices through artificial intelligence (AI), known as 'deepfakes,' as illegitimate, and also regulates 'true crimes.' The Government gives the green light to a text promoted by the Ministries of Justice and Youth and Childhood, which will now go to the Congress of Deputies for parliamentary processing.

This norm states that it considers the unauthorized use of a person's image or voice that has been created, simulated, or manipulated with AI or similar technologies as illegitimate, and establishes that sharing personal images on a social network does not imply that third parties can use them on other networks or dissemination channels. It also sets the age at 16 years at which minors can give their consent to provide their own image, in line with the draft law for the protection of minors in the digital environment, and also regulates the consent of people with disabilities.

In relation to 'true crimes,' the norm includes a new regulation with the aim of providing greater protection to the victims of these crimes, in such a way that it is considered an interference with the right to the protection of honor whenever the perpetrator obtains some type of economic gain or personal projection with that 'true crime.' However, freedom of expression and creative freedom are protected. Thus, in the case of public figures, in a creative, satirical, or fictional context, artificial intelligence can be used, stating, in any case, that these images come from the use of this technology.

Finally, the norm also establishes criteria for calculating indemnities in line with jurisprudence. In this way, criteria are set for judges to weigh the seriousness of the intrusions: social repercussions, recidivism, seriousness of the expressions used, etc.