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Deepfake laws by jurisdiction: what each text requires, and from when

The Face Benchmark editorsPublishedFigures checked

Six deepfake laws are in force or dated across four jurisdictions: the US TAKE IT DOWN Act (Public Law 119-12, 19 May 2025), Virginia Code 18.2-386.2, EU AI Act Article 50 (applies 2 August 2026), UK Sexual Offences Act sections 66B to 66D (31 January 2024) and 66E to 66F (6 February 2026), and China's Deep Synthesis Provisions (10 January 2023). Each is summarised here from its official text.

This page belongs to the consent and regulation part of the deepfake detection hub. The is a deepfake illegal page answers the reader's question by the four tests the statutes apply; this page is the law-by-law reference with dates of force, and adds China, which that page does not cover.

01Which deepfake laws are in force, and from when?

Jurisdiction Text Content covered Who is bound Consequence in the text In force
United States (federal) TAKE IT DOWN Act, Public Law 119-12 Nonconsensual intimate "digital forgery" of an identifiable person Whoever knowingly publishes it online; covered platforms Up to 2 years (adult subject) or 3 years (minor); removal within 48 hours, FTC enforced 19 May 2025
United States (Virginia) Code of Virginia 18.2-386.2 Nude or sexual image "created by any means whatsoever" of a recognisable person Whoever maliciously disseminates or sells it Class 1 misdemeanor Amended 2014, 2019, 2024
European Union Regulation (EU) 2024/1689, Article 50 Any AI output resembling real persons, objects, places or events Providers of generative systems; deployers producing a deep fake Fines up to EUR 15,000,000 or 3 percent of worldwide turnover 2 August 2026
United Kingdom Sexual Offences Act 2003 ss.66B to 66D (Online Safety Act 2023 s.188) Sharing an image that "shows, or appears to show" a person in an intimate state Whoever shares or threatens to share Summary only; up to 2 years on indictment (aggravated) 31 January 2024
United Kingdom Sexual Offences Act 2003 ss.66E to 66F (Data (Use and Access) Act 2025 s.138) Creating or requesting a "purported intimate image" of an adult Whoever creates or requests Summary only: the summary maximum or a fine 6 February 2026
China Deep Synthesis Provisions, CAC, MIIT and MPS Decree No. 12 Face generation, replacement and manipulation, voice synthesis, other deep synthesis Service providers, technical supporters, users Penalties under other laws; public security or criminal liability (Article 22) 10 January 2023

The rows are the texts read for this page; other US states, member states' criminal law and the rest of the world are outside it.

How a deepfake law reaches a deepfake: content type, actor, platform duty, penaltyA column of four boxes joined by arrows. Content type: the US federal, UK and Virginia offences cover intimate depictions of a real person; the EU rule covers any content resembling real persons, objects, places or events; China covers face and voice generation, replacement and manipulation. Actor bound: the person who publishes (US), shares or creates (UK), or disseminates (Virginia); the provider and deployer of the system (EU); the service provider and technical supporter (China). Platform duty: US platforms remove within 48 hours; EU providers mark output as generated; Chinese providers add marks and label face swaps prominently. Penalty: US up to 2 or 3 years; EU fines up to EUR 15,000,000 or 3 percent of turnover; UK summary or up to 2 years; Virginia Class 1 misdemeanor; China penalties under other laws, public security sanctions or criminal liability. Two branches: a criminal offence (US, UK, Virginia) or an administrative duty (EU, China).01Content typeintimate depiction (US02Actor boundpublisher03Platform dutyremove in 48 hours (US); machine-readable mark (EU); mark and label (China)04Penaltyprison terms (USEU ARTICLE 50 APPLIES FROM 2 AUG 2026Criminal offenceUS federal, UK, VirginiaAdministrative dutyEU providers and deployers; China providers
Figure 1The four questions that place a deepfake under one of these texts, in the order the statutes ask them. Sources: S.146 (119th Congress) enrolled text; Regulation (EU) 2024/1689; Online Safety Act 2023 s.188 and Data (Use and Access) Act 2025 s.138; Code of Virginia 18.2-386.2; CAC Decree No. 12 of 2022, all read 9 Nov 2026.

02What does the US TAKE IT DOWN Act ban?

The Act inserts a subsection (h) into section 223 of the Communications Act of 1934 and defines a "digital forgery" as "any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means" that a reasonable person would find indistinguishable from an authentic depiction (S.146 enrolled text). The offence is to knowingly publish one online without consent where publication is intended to cause or causes harm; the penalty is "imprisoned not more than 2 years" for an adult subject and "not more than 3 years" for a minor, and consent to creation "shall not establish that the individual provided consent for the publication".

Section 3 adds the platform duty: within one year of enactment a covered platform must run a notice process and remove a reported depiction "as soon as possible, but not later than 48 hours", enforced by the Federal Trade Commission. The Public Law page records approval on 19 May 2025 (Public Law 119-12).

03What does the EU AI Act require for deep fakes?

Regulation (EU) 2024/1689 defines a deep fake in Article 3(60) as "AI-generated or manipulated image, audio or video content that resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful" (Official Journal text). Article 50 places two duties: providers of generative systems "shall ensure that the outputs of the AI system are marked in a machine-readable format and detectable as artificially generated or manipulated", and deployers producing a deep fake "shall disclose that the content has been artificially generated or manipulated", with a narrower disclosure for evidently artistic or satirical work.

The Regulation was published on 12 July 2024 and, under Article 113, applies from 2 August 2026, the date that governs Article 50. Non-compliance carries, under Article 99(4)(g), "administrative fines of up to EUR 15 000 000 or, if the offender is an undertaking, up to 3 % of its total worldwide annual turnover for the preceding financial year, whichever is higher". The marking duty connects to the provenance standards on the Content Credentials and C2PA page, though the Regulation names no standard.

04What do the UK provisions make an offence?

Two Acts amended the Sexual Offences Act 2003. The Online Safety Act 2023, section 188, inserted sections 66B to 66D: an offence of intentionally sharing "a photograph or film which shows, or appears to show, another person (B) in an intimate state" without consent (section 188); section 66A(5) treats an image "made or altered by computer graphics or in any other way, which appears to be a photograph or film" as one, which brings a deepfake within it. The base offence is summary only and the aggravated forms carry up to 2 years on indictment. Part 10 commenced on 31 January 2024 under S.I. 2024/31 (commencement regulations).

The Data (Use and Access) Act 2025, section 138, inserted sections 66E and 66F: creating, or requesting the creation of, a "purported intimate image" of an adult without consent, punishable on summary conviction by imprisonment up to the summary maximum or a fine. The revised text records "S. 138 in force at 6.2.2026 by S.I. 2026/31, reg. 2" (section 138).

05What does China's Deep Synthesis regulation require?

The Provisions on the Administration of Deep Synthesis Internet Information Services were issued as Decree No. 12 of the Cyberspace Administration of China, the Ministry of Industry and Information Technology and the Ministry of Public Security on 25 November 2022 and, under Article 25, took effect on 10 January 2023 (official text, cac.gov.cn). Article 23 defines deep synthesis to include face generation, face replacement, face manipulation and posture manipulation. The text is in Chinese; the summaries below are this page's reading of it.

Four articles bear on face deepfakes. Article 14 requires a provider offering face or voice editing to prompt the user to inform the person being edited and obtain their separate consent. Article 16 requires technical marks, not affecting use, on all generated or edited content. Article 17 requires a prominent label on the content for services that could confuse or mislead the public, naming face generation, face replacement, face manipulation and synthesised or imitated voices, and Article 18 forbids removing, altering or hiding those marks. Article 22 attaches no penalty of its own: breaches are punished under other laws, with public security sanctions for public order violations and criminal liability for crimes.

06How do these laws differ in what they regulate?

The US federal, UK and Virginia texts are criminal offences aimed at one content type, the intimate image of a real person made or shared without consent, and they bind the person who publishes, shares or creates it; the UK creation offence is the only one that bites before anything is shared. The EU and Chinese texts are administrative rules that bind the system's provider and deployer, require marks and labels on the output, and do not depend on consent or intent. Both groups can apply to one clip. None of these texts says how a deepfake is to be detected, and none sets an accuracy requirement for detectors. The documented deepfake scams page records cases of the harm these laws address; the datasets and consent page covers the regulators' decisions on face data.

SRCSources

  1. S1Checked
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  3. S3
    Online Safety Act 2023, section 188; Online Safety Act 2023 (Commencement No(external)UK Parliament. 3) Regulations 2024; Data (Use and Access) Act 2025, section 138. legislation.gov.uk
    Checked
  4. S4Checked
  5. S5
    Provisions on the Administration of Deep Synthesis Internet Information Services, Decree No(external)Cyberspace Administration of China, MIIT, MPS. 12. 2022
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FAQQuestions

Are deepfakes illegal in the United States?

Publishing a nonconsensual intimate deepfake of an identifiable person online is a federal offence under the TAKE IT DOWN Act, Public Law 119-12 of 19 May 2025, with up to 2 years' imprisonment, or 3 years where the subject is a minor. States add their own offences, such as Virginia's 18.2-386.2.

When does the EU AI Act deepfake rule apply?

Article 50 of Regulation (EU) 2024/1689 applies from 2 August 2026. From that date deployers must disclose that a deep fake is artificially generated or manipulated, providers must mark synthetic output in a machine-readable form, and fines reach EUR 15,000,000 or 3 percent of worldwide turnover.

Is making a deepfake illegal in the UK?

Creating or requesting a purported intimate image of an adult without consent has been an offence under Sexual Offences Act 2003 section 66E since 6 February 2026, and sharing one under section 66B since 31 January 2024. Neither provision covers non-intimate images.

What does China's deepfake law require?

The Deep Synthesis Provisions, in force since 10 January 2023, require separate consent from anyone whose face or voice is edited (Article 14), technical marks on all generated content (Article 16), a prominent label on face swaps and synthetic voices that could mislead the public (Article 17), and forbid removing those marks (Article 18).

Do any of these laws require deepfake detection?

No. The six texts impose offences, disclosure duties and labelling duties; none requires a detector or sets a detection accuracy threshold, and the US Act's 48-hour removal duty is triggered by a notice from the person depicted.