Counteracting Deepfake, How the UK Can Follow Denmark’s Law

Policy Brief: Digital Identity Protection & AI Trust Initiative

Here’s a policy brief in parliamentary/ministerial style that neatly packages the Bill proposal and your AI Digital Trust initiative (www.aidigitaltrust.com).

Executive Summary

Deepfake technology presents a growing threat to personal dignity, democratic integrity, and public trust. While the UK has acted against sexually explicit deepfakes, wider identity protection remains fragmented. Denmark is leading with a landmark law granting citizens copyright-like rights over their face, voice, and body. The UK now has the opportunity to go further, combining legal reform with technological innovation to safeguard identity in the digital age.

Key Proposals

1. Digital Identity Protection Act

A new UK law modelled on Denmark’s pioneering approach:

New Right of Digital Identity: Every citizen owns copyright-like rights over their likeness, voice, and body.
Takedown & Compensation: Victims of deepfakes can demand swift removal and seek damages.
Platform Accountability: Tech platforms must comply with takedown notices or face fines.
Safeguards for Freedom of Expression: Parody, satire, and journalism remain protected.
Post-Mortem Rights: Rights extend 50 years after death, ensuring legacy protection.

2. AI Digital Trust Initiative

Alongside legislation, the UK should spearhead a national digital trust platform:

www.aidigitaltrust.com: Developed as scanning software and/or a mobile app.
Function: Detect and block unauthorised deepfakes and copyright violations of personal identity.
Integration: Linked with Ofcom/ICO regulatory systems for complaints and takedown processes.
Public–Private Partnership: Backed by the government but open to collaboration with tech firms, cybersecurity experts, and civil society.
Global Leadership: Positions the UK as a pioneer in combining law + technology to ensure digital trust.

European & Global Context

EU AI Act (in force 2024) requires deepfakes to be labelled but offers no personal rights.
Denmark (2025) is moving further, giving citizens enforceable rights and platform accountability.
UK Advantage: By combining Denmark’s legal model with homegrown innovation, Britain can set the global standard for AI identity protection.

Why Now?

Democracy: Deepfakes threaten elections and political stability.
Public Safety: Victims face harassment, reputational damage, and psychological trauma.
Economic Leadership: Trust technology can create a new UK export sector in AI regulation and cybersecurity.

The UK must act decisively to protect its citizens in the digital age. By passing the Digital Identity Protection Act and launching the AI Digital Trust Initiative, Parliament can ensure that:

Individuals own their digital identity,
Platforms are held accountable,
Technology works with the law to defend truth and trust.

A Landmark Proposal

1. The Danish Trailblazer

Artificial intelligence (AI) can generate startlingly realistic images, voices, and videos, often called deepfakes, the battle to protect personal identity and prevent misuse is only intensifying. Across the UK, current laws offer some protection, but Denmark’s pioneering legislative move shows the direction we should follow.

Denmark is on the verge of introducing a revolutionary amendment to its copyright law, granting individuals control over their face, voice, and physical likeness, a pioneering concept in Europe

Key highlights:

With copyright protection over personal identity, individuals can treat their likeness as a property right; unauthorized AI-generated use could trigger takedown requests and lawsuits
Exception carved out for parody, satire, news, and public interest expression
Tech platforms face steep penalties; non-compliance with removal requests may earn them harsh EU-based fines.
Expected timeline: submitted for consultation before summer 2025, with passage and enforcement likely by late 2025 or early 2026.
Wider aim: Denmark plans to champion this framework across Europe during its upcoming EU presidency.

This legal innovation effectively says: “Your face is your property.”

2. UK Today: Gaps, Moves, and Possibilities

Existing Legal Landscape:

The UK’s Online Safety Act (2023) criminalized the sharing of sexually explicit deepfake images; creating them was not yet a standalone offence until recently.
In January 2025, the Ministry of Justice introduced a new offence making the creation of sexually explicit deepfakes a crime punishable with up to two years in prison.

Legal Tools and Limitations:

Beyond explicit content, deepfakes may be tackled via:
- Privacy laws, under UK GDPR and the Data Protection Act 2018.
- Harassment or defamation claims, when deepfakes damage reputation or cause distress.
- Right of personality, a concept currently under exploration, especially for celebrities to prevent unauthorized AI use of voice or image.

Yet, no specific copyright protection exists for an individual’s likeness, meaning most deepfakes fall into legal grey areas.

3. Recommendations: Emulating Denmark in the UK

The UK should consider adopting Denmark-style legislation that:

Grants individuals copyright-like rights over their face, voice, and physical identity.
Enables affected individuals to:
- Issue takedown demands.
- Seek injunctive relief or compensation.
Ensures consistency with:
- Freedom of expression (satire, news, public interest).
- EU frameworks such as the Digital Services Act (DSA).
Empowers regulators to impose fines or sanctions on non-compliant platforms.

This approach would fill the void in personal identity protection while balancing innovation with fundamental rights.

4. Why This Matters—Now

Deepfake technology has rapidly evolved, posing risks ranging from harassment and defamation to misinformation and democratic erosion. Denmark’s move is both urgent and visionary, a protective bulwark in a world where “seeing is no longer believing.”

Summary Table

Aspect	Denmark’s Proposal	UK Current Law	Recommended UK Action
Scope	Enable takedowns, compensation, and platform accountability	Focus on explicit content; limited privacy remedies	Expand to cover likeness copyright protection
Legal Power	Copyright-like ownership and enforceable rights	Criminal penalties for explicit deepfakes; civil claims	Enable takedowns, compensation, platform accountability
Exceptions	Satire, parody, journalism, public interest	Not clearly defined	Mirror Denmark’s balanced carve-out
Enforcement	Platform fines under DSA; EU-aligned penalties	Criminal prosecution only in narrow cases	Civil and administrative enforcement via media law

Legislative Drafting Framework & EU Proposals: Counteracting Deepfakes in the UK

1. Legislative Draft Text — Denmark-Inspired Bill for the UK

Below is a stylized, yet structured, draft that the UK government could adapt, mirroring Denmark’s approach but tailored to UK legal norms:

**Title:** Digital Identity Protection Act (Deepfake Control) 2025

**Section 1 – Definitions**
1. “Deepfake” means any visually or audibly realistic digital representation of a person’s likeness, voice, or physical appearance created or manipulated using artificial intelligence or similar technology, without that person’s consent.

**Section 2 – Rights Over Personal Digital Identity**
1. A living natural person shall hold a related right, akin to copyright, in their own image, voice, and bodily likeness.
2. This right allows the individual to:
   a. Require removal of unauthorized deepfake content from online platforms;
   b. Seek injunctive relief and/or damages for violations.

**Section 3 – Exceptions**
1. The rights specified in this Act shall not apply to content that is:
   a. Clearly labelled and widely recognized as parody or satire;
   b. Published for journalistic, academic, or other public interest purposes, provided it is not misleading.

**Section 4 – Platform Obligations**
1. Platforms must act expeditiously to remove deepfake content upon receiving a valid takedown notice.
2. Failure to comply may result in regulatory enforcement, including fines under the UK’s version of the Digital Services regime.

**Section 5 – Post-Mortem Rights**
1. The rights conferred under this Act shall subsist for a period of 50 years following an individual's death, when applicable.

**Section 6 – Enforcement & Oversight**
1. [Designated UK Regulator, e.g. Ofcom or ICO] shall oversee compliance.
2. Statutory guidance shall be published detailing notification process, proof requirements, and penalties for non-compliance.

**Section 7 – Commencement**
1. This Act shall come into force on [date], allowing a [6-month] transition period for platforms to update policies and procedures.

This draft closely echoes Denmark’s bill, which similarly defines deepfakes, creates rights over likeness, allows exceptions for parody and journalism, and empowers takedown and compensation mechanisms.

2. EU-Level Proposals & Context

A. EU Artificial Intelligence Act (AI Act)

The EU AI Act (Regulation 2024/1689) came into force on 1 August 2024, with phased applicability planned over the next 6–36 months.
It classifies AI systems into risk categories. Deepfake-related content (AI-manipulated images, audio, or video) falls under the “limited-risk” category, subject to transparency obligations only, requiring clear labelling as AI-generated.
However, the AI Act does not grant individuals personal rights over their likeness, nor does it impose enforcement obligations on removal or compensation mechanisms.
Critics argue the Act lacks precision in defining deepfakes and fails to oblige deeper protective or remedial measures.

B. Parliamentary Amendments & Civil Society Advocacy

Irish MEP Maria Walsh’s amendment, adopted in late 2024 by the EU Parliament’s Gender Equality Committee, called for:
- Strict punishments for creators of non-consensual deepfakes;
- Increased platform monitoring, preventive technology, and victim support;
- Criminal and civil recourse alongside public awareness campaigns.

This move demonstrates growing political recognition that transparency alone is insufficient, and that victim-oriented enforcement is urgently needed.

3. Summary Table: UK Draft vs. Denmark Bill vs. EU Proposals

Aspect	UK Draft (Denmark-Inspired)	Denmark Bill	EU-Level (AI Act & Amendments)
Rights over likeness	Explicit “related right” for individuals	Yes—right over face, voice, bodily likeness, with takedown and compensation	None—only transparency obligations, no personal rights
Exceptions	Parody, satire, journalism	Similar carve-outs for parody and satire	Not specifically addressed, the AI Act focuses on labelling
Enforcement	Takedown + fines via regulator	Platform fines under Digital Services / EU Commission	Transparency only; no removal/compliance enforcement specified
Post-Mortem Rights	50 years after death (optional)	Same—as neighbouring rights	Not addressed
Platform Disclosure	Removal obligations + proof procedures	Explicit compliance expected, or Commission action	Not specifically addressed; the AI Act focuses on labelling
Additional Measures	Regulator guidance, transitions	Broad cross-party support, Autumn submission	MEP amendments pushing criminal civil recourse

4. Why It Matters and What the UK Gains

Democratic integrity: As showcased in Denmark—and voiced by EU proposals—the misuse of deepfakes threatens societal trust and public discourse; laws must respond.
Legal clarity & identity protection: Establishing express rights over one’s likeness resolves current UK grey areas and legal fragmentation.
Platform accountability: Enabling takedown orders and potential sanctions motivates platforms to comply swiftly, rather than risk brand or legal exposure.
Balancing rights & innovation: Carving out exemptions ensures freedom of expression for satire, journalism, and academia.

Conclusion

Denmark is leading Europe with a bold and innovative solution to deepfake misuse: granting individuals enforceable copyright rights over their own identity. The UK, while making strides in criminalizing explicit deepfakes, lacks comprehensive legal tools to handle AI-generated misuse of likeness.

By adopting Denmark’s model—balanced, rights-based, and forward-looking- the UK can better protect personal identity, strengthen legal clarity, and ensure tech platforms are held accountable.

Closing Appeal For An MP:

“I urge this House to follow Denmark’s lead: to enshrine in law the right to control our digital selves, to punish those who exploit deepfakes for harm, and to hold platforms accountable for what they host.”
“This is not merely a legal reform, it is a defense of truth, democracy, and human dignity in the digital age.”
*“The UK should also lead in technological innovation. A national initiative, such as the development of *www.aidigitaltrust.com**, could provide scanning software or an app to help citizens and organisations detect and block copyright violations of their faces, voices, and bodies.”
“By integrating this with legal protections, the UK would not only protect individuals but also establish itself as a global pioneer in digital identity security and trust.”