Because of these new technological possibilities, video or audio clips are increasingly popping up on the internet in which people do or say things they have never said or done. These so -called deep fakes range from political messages to porn movies and, according to the Supervisor Authority (AP), can hardly be distinguished from real life.
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Among other things, it leads to a mass spread of sexual visual material without permission, according to recent research of offlimits, Privacy First and the Victim Support Fund. These images are often shared via porn websites, social media and closed platforms such as Telegram.
In 2024 alone, Helpwanted.nl, part of offlimits, received more than 7400 reports from victims: an increase of 31 percent compared to 2023 compared to the visual material with AI, the researchers say.
Spacious chamber majority wants clearer limits
A large majority in the Lower House believes that clearer limits are set for the use and distribution of deepfake. Hanneke van der Werf (D66), together with GL/PvdA, VVD and NSC questions, has asked Responsible State Secretary Teun Struycken (Legal Protection) to investigate the Danish example. SP and JA21 also indicate that they are interested in a Danish model.
Hanneke van der Werf (D66), together with GL/PvdA, VVD and NSC questions, has asked Responsible State Secretary Teun Struycken to investigate the Danish example for the approach to DeepFake. © ANP / HH
In this bill, Danes get copyright on their own body, facial characteristics and voice via the copyright. It offers a ‘clearer legal basis’ to be able to act against harmful deep fakes, Van der Werf thinks.
“It’s just stealing”
“It indicates that you are not allowed to use a person’s own voice, face or body without permission,” explains D66’s MP. “With the technology of today, they can also make a video of you without bikini photos. Just like with the writers of books or makers of films, it is just stealing.”
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Currently, making and distributing such manipulated videos is already punishable under certain circumstances. Sexual deep fakes without permission, for example, are already prohibited. In 2023, for example, a man was convicted of a conditional community service of 180 hours because of making and distributing such a video from WNL presenter Welmoed Sijtsma. In addition, a deepfake porn site on which dozens of Dutch celebrities were under legal pressure on black.
Enforceability and balance between satire and defamation
On other points such as political messages or advertisements, it is mainly in the enforceability and the balance between satire and defamation, says professor of law and digital technology Bart Schermer. According to him, new legislation on copyright does not contribute directly to more convictions.
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“There is already a lot possible within the Netherlands,” he points to, among other things, the General Data Protection Regulation (AVG), criminal law, portrait rights and rules for defamation and defamation that prohibit deepfakes. In addition, European legislation is required to maintain a label at Deepfakevideos.
Doubt about the effectiveness of new legislation
Schermer therefore doubts the usefulness of new legislation. “With current legislation you are already getting far,” says the professor of Leiden University. “It could be that citizens with copyright can act more quickly and more effectively against digital platforms.”
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MPs recognize the existing legal possibilities. Nevertheless, they want to see if the Danish model can be an example for the Netherlands, they let De Telegraaf know.
Teun Struycken, outgoing State Secretary for Legal Protection. © ANP / HH
“Before something is taken offline, it has already done a lot of damage,” explains Hanneke van der Werf (D66). “That is why we want a specific approach by giving people copyright on their voice and appearance with compelling requirements to remove this kind of junk.”
‘Don’t be naive for the flight that AI will make’
Barbara Kathmann (GL/PvdA) thinks we should not be naive for the ‘flight that AI will make’ and Ingrid Michon (VVD) wonders whether the existing legislation is sufficient for future technology. Her party colleague Rosemarijn Dral is also working on her own proposal to legally set limits on making and distributing Deepfakes.
Jesse Six Dijkstra (NSC) believes it is important ‘to strengthen the legal basis’. “In addition to tackling it, this is also about good enforcement. That requires something from politics in a digitized society.”