Denmark amends copyright law to combat AI-generated deepfakes

The Danish government has announced that it will combat the creation and dissemination of AI-generated deepfakes by changing its copyright law. According to The Guardian, Denmark wants to ensure that everyone has the right to their own body, facial features and voice.

This is the first law of its kind in Europe and is the result of broad cross-party consensus. The Ministry of Culture is expected to submit a proposed amendment to the current law for consultation before the summer and table the amendment in the autumn.

Danish Culture Minister Jakob Engel-Schmidt said he hoped the bill before parliament would send an “unambiguous message” that everyone has the right to their own appearance and voice. The ministry defines a deepfake as a highly realistic digital representation of a person, including their appearance and voice.

Image generated using Chat GPT

Speaking to The Guardian, Engel-Schmidt said: “We agree with the bill and we are sending an unequivocal message that everyone has the right to their own body, their own voice and their own facial features, which is apparently not the way the current law protects people from AI-generated images.”

The minister also said: “Human beings can be passed through a digital copier and misused for all sorts of purposes, and I am not willing to accept that.” The measure is expected to have the support of nine out of ten MPs and comes amid the rapid development of AI technology, which has made it easier than ever to create a convincing fake image, video or sound to mimic another person’s features.

The Danish copyright law, once the proposed changes are passed, will give Danes the right to demand that online platforms remove such content if it is shared without their consent. “Of course we are innovating and if platforms are not complying with this, we are prepared to take additional measures,” Engel-Schmidt said. The changes do not include parodies and satire, which are still permitted, but do cover “realistic, digitally generated imitations” of an artist’s performance without consent. Violating the proposed rules could result in compensation for those affected.

Denmark is set to take the EU presidency soon and is expected to use the opportunity to share its plans with its European counterparts, so it is very likely that other European countries will follow Denmark’s lead.

The Danish culture minister warned tech platforms that if they do not respond adequately to the new law, they could be subject to “severe fines”, and this could become a matter for the European Commission. “That is why I believe that tech platforms will take this very seriously,” he added.

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