A groundbreaking bill has been proposed by the Danish government to curb the growing threat of artificial intelligence-generated deepfakes, a threat that is expected to rise in the future. In the proposed framework, individuals would be entitled to claim legal ownership rights over their own likeness and voice, allowing them to ask for the removal of manipulated digital content that misappropriates their identity by requesting its removal.
According to Danish Culture Minister Jakob Engel-Schmidt, the initiative has been launched as a direct response to the rapid advancements of generative artificial intelligence, resulting in the alarmingly easy production of convincing audio and video for malicious or deceptive purposes. According to the minister, current laws have failed to keep up with the advancement of technology, leaving artists, public figures, and ordinary citizens increasingly vulnerable to digital impersonation and exploitation.
Having established a clear property right over personal attributes, Denmark has sought to safeguard its population from identity theft, which is a growing phenomenon in this digital age, as well as set a precedent for responsible artificial intelligence governance. As reported by Azernews, the Ministry of Culture has formally presented a draft law that will incorporate the images and voices of citizens into national copyright legislation to protect these personal attributes.
The proposal embodies an important step towards curbing the spread and misuse of deepfake technologies, which are increasingly being used to deceive audiences and damage reputations. A clear prohibition has been established in this act against reproducing or distributing an individual's likeness or voice without their explicit consent, providing affected parties with the legal right to seek financial compensation should their likeness or voice be abused.
Even though exceptions will be made for satire, parody, and other content classified as satire, the law places a strong stop on the use of deepfakes for artistic performances without permission. In order to comply with the proposed measures, online platforms hosting such material would be legally obligated to remove them upon request or face substantial fines for not complying.
While the law is limited to the jurisdiction of Denmark, it is expected to be passed in Parliament by overwhelming margins, with estimates suggesting that up to 90% of lawmakers support it. Several high-profile controversies have emerged over the past few weeks, including doctored videos targeted at the Danish Prime Minister and escalating legal battles against creators of explicitly deepfake content, thus emphasizing the need for comprehensive safeguards in the age of digital technology.
It has recently been established by the European Union, in its recently passed AI Act, that a comprehensive regulatory framework is being established for the output of artificial intelligence on the European continent, which will be categorized according to four distinct risks: minimal, limited, high, and unacceptable.
The deepfakes that fall under the "limited risk" category are not outright prohibited, but they have to adhere to specific transparency obligations that have been imposed on them.
According to these provisions, companies that create or distribute generative AI tools must make sure that any artificial intelligence-generated content — such as manipulated videos — contains clear disclosures about that content.
To indicate that the material is synthetic, watermarks or similar labels may typically be applied in order to indicate this.
Furthermore, developers are required to publicly disclose the datasets they used in training their AI models, allowing them to be held more accountable and scrutinized. Non-compliance carries significant financial consequences: organisations that do not comply with transparency requirements could face a penalty of up to 15 million euros or 3 per cent of their worldwide revenue, depending on which figure is greater.
In the event of practices which are explicitly prohibited by the Act, such as the use of certain deceptive or harmful artificial intelligence in certain circumstances, a maximum fine of €35 million or 7 per cent of global turnover is imposed. Throughout its history, the EU has been committed to balancing innovation with safeguards that protect its citizens from the threat posed by advanced generative technologies that are on the rise.
In her opinion, Athena Karatzogianni, an expert on technology and society at the University of Leicester in England, said that Denmark's proposed legislation reflects a broader effort on the part of international governments and institutions to combat the dangers that generative artificial intelligence poses. She pointed out that this is just one of hundreds of policies emerging around the world that deal with the ramifications of advanced synthetic media worldwide.
According to Karatzogianni, deepfakes have a unique problem because they have both a personal and a societal impact. At an individual level, they can violate privacy, damage one's reputation, and violate fundamental rights. In addition, she warned that the widespread use of such manipulated content is a threat to public trust and threatens to undermine fundamental democratic principles such as fairness, transparency, and informed debate.
A growing number of deepfakes have made it more accessible and sophisticated, so robust legal frameworks must be put in place to prevent misuse while maintaining the integrity of democratic institutions. As a result of this, Denmark's draft law can serve as an effective measure in balancing technological innovation with safeguards to ensure that citizens as well as the fabric of society are protected.
Looking ahead, Denmark's legislative initiative signals a broader recognition that regulatory frameworks need to evolve along with technological developments in order to prevent abuse before it becomes ingrained in digital culture. As ambitious as the measures proposed are, they also demonstrate the delicate balance policymakers need to strike between protecting individual rights while preserving legitimate expression and creativity at the same time.
The development of generative artificial intelligence tools, as well as the collaboration between governments, technology companies, and civil society will require governments, technology companies, and civil society to work together closely to establish compliance mechanisms, public education campaigns, and cross-border agreements in order to prevent misuse of these tools.
In this moment of observing the Danish approach, other nations and regulatory bodies have a unique opportunity to evaluate both the successes and the challenges it faces as a result. For emerging technologies to contribute to the public good rather than undermining trust in institutions and information, it will be imperative to ensure that proactive governance, transparent standards, and sustained public involvement are crucial.
Finally, Denmark's efforts could serve as a catalyst for the development of more resilient and accountable digital landscapes across the entire European continent and beyond, but only when stakeholders act decisively in order to uphold ethical standards while embracing innovation responsibly at the same time.
