Scottish Government to consult on criminalising deepfake creation

The Scottish Government will consult on plans to outlaw the non-consensual creation of deepfake images.

Deepfake images are realistic but completely fabricated pictures created using artificial intelligence (AI). AI tools can be used to create these potentially compromising images without the consent of those who are featured.

Speaking during a Holyrood debate on violence against women and girls, Cabinet Secretary for Social Justice Shirley-Anne Somerville announced the plans as part of the Scottish Government’s efforts to tackle online harm.

Somerville said: “The consultation will seek views on proposals to create a new offence to criminalise the non-consensual creation of deepfake images. This is due to the growth of apps which enable people to create deepfake pornographic images of another person.”

According to research from Sensity AI, a deepfake detection service, 90 to 95 per cent of all online deepfakes are non-consensual pornographic images. Around 90 per cent of these deepfakes depict women.

Scottish Labour MSP Katy Clark said: “Digital tools have empowered men and boys to engage in new kinds of abuse and violence, such as revenge porn, deepfakes, catfishing and trolling. I welcome the cabinet secretary’s proposal on deepfakes and look forward to considering them in detail.”

The UK Online Safety Act made it illegal to share explicit images or videos that have been digitally manipulated. However, the bill does not prevent the creation of pornographic deepfakes.

The proliferation of deepfake content, particularly pornographic content depicting children, prompted the UK Government to launch new legislation to ensure AI models cannot be misused to create synthetic child sexual abuse content. Under the legislation, designated bodies like AI developers and child protection organisations, will be allowed to scrutinise AI models for illegal material.

Reports of AI-generated child sexual abuse material more than doubled in the past year, rising from 199 in 2024 to 426 in 2025, according to the Internet Watch Foundation. There has also been a disturbing rise in depictions of infants, with images of 0–two-year-olds surging from five in 2024 to 92 in 2025.  

During the debate, Somerville also highlighted the Scottish Government's commitment to supporting the 16 Days of Activism against Gender-Based Violence campaign, launched by United Nations Women. The campaign warns that digital violence is the fastest growing form of abuse against women and girls worldwide.  

In a statement, UN Women said: “Studies show that up to 58 per cent of women and 20 per cent of girls face some form of digital violence, though the true scale remains under-reported and insufficiently recognized. Its consequences are far-reaching and grave, eroding trust in information systems and contributing to the spread of hate, polarization, anti-rights backlash, and being linked to violent extremism.”