Spain's cabinet on Tuesday approved draft legislation to curb AI deepfakes and tighten consent rules on images, as European states increasingly move to crack down on AI-generated sexual content. The bill approved by the cabinet strengthens protections for children, sets 16 as the minimum age for giving consent to use one's own image and limits the reuse of online images and AI-generated voices or likenesses without permission.
The European Union is stepping up efforts to regulate deepfakes, with new rules requiring member states to criminalise non-consensual sexual deepfakes by 2027. “The fact that people share personal or family images on social media does not give absolute freedom to use those images in other contexts,” Justice Minister Felix Bolanos said. The reform also addresses artificial intelligence directly, deeming illegitimate the use of a person's image or voice generated through AI for advertising or commercial purposes without consent.
Bolanos said creative, satirical or fictional uses involving public figures would be allowed, provided such content is clearly identified as AI-generated. The legislation follows global scrutiny of AI tools, including Elon Musk's xAI chatbot Grok, which is facing investigations over sexually explicit deepfake images. Earlier this month, the government asked prosecutors to assess whether certain AI-generated content could constitute child pornography, a request the Chief Prosecutor's office told Reuters it was examining.
The draft law must still undergo consultations before returning to the government for final approval and submission to parliament. And, Britain’s media regulator launched an investigation into Elon Musk’s X on Monday over concerns its Grok AI chatbot was creating sexually intimate deepfake images in violation of its duty to protect people in the UK from illegal content.
The British government said a new law making it an offence to create sexual deepfakes would come into force this week to tackle the images, which it called “weapons of abuse”. Technology Minister Liz Kendall told lawmakers on Monday that the government also plans legislation that will tackle the problem at the source by making it illegal for companies to supply tools designed to create deepfakes.
The Ofcom probe piles additional pressure on the social media platform of the world’s richest man, which is already facing a growing public outcry as well as criminal and regulatory probes around the world, from France to India. “Reports of Grok being used to create and share illegal non-consensual intimate images and child sexual abuse material on X have been deeply concerning,“ it said in a statement.
Platforms must protect people in Britain from illegal content, the regulator said, adding that it would not “hesitate to investigate where we suspect companies are failing in their duties, especially where there’s a risk of harm to children.” When asked on Monday about the investigation, X pointed to a previous statement in which it said it takes action against illegal content on the platform, including child sexual abuse material, by removing it, permanently suspending accounts, and working with local governments and law enforcement as necessary. “Anyone using or prompting Grok to make illegal content will suffer the same consequences as if they upload illegal content,“ it said.