Estonia's Social Democrats push to criminalize deepfake explicit images
Estonia's Social Democratic Party (SDE) has proposed amendments to criminalize the creation and distribution of non-consensual sexually explicit deepfake images, arguing that current laws are insufficient to address the growing threat posed by AI tools.
The Proposal
Fresh off the passage of Estonia's consent law, the Social Democrats (SDE) are pushing to criminalize the nonconsensual creation and spread of sexually explicit deepfake images. In the memo accompanying its draft Riigikogu decision, the opposition party argues that current law does not provide a clear enough framework for handling nonconsensual nude or sexually explicit deepfake images, even as artificial intelligence (AI) tools are making them easier than ever to create.
MP's Perspective
SDE MP Andre Hanimägi, a member of the Riigikogu's Legal Affairs Committee, said the issue isn't going to get any better as these tools continue to improve. He noted that victims can currently pursue civil action and, in some cases, rely on existing provisions of the Penal Code, but argued those measures are neither clear nor comprehensive enough to effectively address deepfake cases. He also pointed out that several other countries, including the U.S., U.K. and South Korea, have already introduced legal restrictions on the distribution of AI-generated nude images.
Need for Clarity
Hanimägi emphasized that it should be absolutely clear that distributing an AI-generated or otherwise manipulated explicit image of another person is a criminal offense. He also stressed that victims should not be left to pursue lengthy legal action to have such images removed from the internet.
Technology-Neutral Regulations
Social Democrats believe any new regulations should be technology-neutral, covering both AI-generated images and those altered with photo editing tools. Hanimägi said current criminal law largely covers the misuse of a person's identity or personal data, but it remains unclear whether a person's image or face qualifies as sensitive personal data in such cases. He called for all gray areas to be made black and white as quickly as possible, adding that as deepfakes can increasingly be used for blackmail or coercion, they should also be treated as an aggravating factor in related crimes.
Scope of the Problem
Hanimägi said it is difficult to say whether cases are increasing in Estonia or whether awareness is simply growing, noting that some cases likely go unreported as victims try to resolve them in other ways. The MP also said platforms should be held more accountable, but acknowledged that removing online content is often difficult because it is hosted on large international platforms that do not easily comply with EU rules, let alone national laws. 'What goes online tends to stay online,' Hanimägi concluded.
