Key Takeaways:
- Spain’s cabinet has approved draft legislation to regulate AI deepfakes and tighten consent rules on images
- The bill 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 criminalize non-consensual sexual deepfakes by 2027
- The legislation aims to protect children and individuals from the misuse of their images and AI-generated content
Introduction to AI Deepfakes Regulation
The Spanish government has taken a significant step towards regulating AI deepfakes and tightening consent rules on images. On Tuesday, the cabinet approved draft legislation that aims to curb the misuse of AI-generated content, particularly when it comes to sexual content. As Justice Minister Felix Bolanos stated, "The fact that people share personal or family images on social media does not give absolute freedom to use those images in other contexts." This move is part of a broader effort by European states to crack down on AI-generated sexual content and protect individuals from the potential harm caused by deepfakes.
Strengthening Protections for Children
The bill approved by the cabinet strengthens protections for children by setting 16 as the minimum age for giving consent to use one’s own image. This means that individuals under the age of 16 will not be able to provide consent for their images to be used in various contexts, including advertising or commercial purposes. The legislation also limits the reuse of online images and AI-generated voices or likenesses without permission. This move is expected to provide greater protection for children and young people from the potential risks associated with AI-generated content.
Regulating AI-Generated Content
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. However, as Minister Bolanos noted, "creative, satirical or fictional uses involving public figures would be allowed, provided such content is clearly identified as AI-generated." This exemption is expected to balance the need to regulate AI-generated content with the need to protect freedom of expression and creativity. The legislation follows global scrutiny of AI tools, including Elon Musk’s xAI chatbot Grok, which is facing investigations over sexually explicit deepfake images.
European Union Efforts to Regulate Deepfakes
The European Union is also stepping up efforts to regulate deepfakes, with new rules requiring member states to criminalize non-consensual sexual deepfakes by 2027. This move is part of a broader effort to protect individuals from the potential harm caused by AI-generated content. As the EU continues to develop its regulatory framework, it is likely that other member states will follow Spain’s lead in introducing legislation to regulate AI deepfakes. The EU’s efforts to regulate deepfakes are expected to have a significant impact on the development of AI technology and the way it is used in various contexts.
Investigations and Prosecutions
Earlier this month, the Spanish 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. This move highlights the seriousness with which the government is taking the issue of AI-generated content and its potential impact on children and young people. The investigation is expected to inform the development of the legislation and ensure that it is effective in protecting individuals from the potential harm caused by AI-generated content.
Conclusion and Next Steps
The draft law must still undergo consultations before returning to the government for final approval and submission to parliament. As the legislation makes its way through the approval process, it is likely to face scrutiny from various stakeholders, including tech companies, civil society organizations, and individuals. The Spanish government’s efforts to regulate AI deepfakes and tighten consent rules on images are an important step towards protecting individuals from the potential harm caused by AI-generated content. As Minister Bolanos stated, the legislation aims to ensure that "people share personal or family images on social media" without fear of their images being misused. The outcome of this legislation will be closely watched, both in Spain and across the European Union, as governments continue to grapple with the challenges posed by AI-generated content.
https://www.reuters.com/business/media-telecom/spain-moves-curb-ai-deepfakes-tighten-consent-rules-images-2026-01-13/