Spain’s New Legislation on AI Deepfakes and Image Consent

Spain Approves Bill to Regulate AI Deepfakes and Image Consent

On Tuesday, the Spanish government approved a bill aimed at countering fake images created with artificial intelligence and tightening rules on consent for using images.

According to Reuters, sources familiar with the document’s deliberations confirmed the information, relayed via press briefings.

Key Provisions of the Bill

The Spanish Cabinet approved a bill to limit deepfakes created by artificial intelligence and strengthen the rules for obtaining consent to use images. As European states increasingly seek to combat sexually explicit content generated by AI, this legislation aims to enhance protections, particularly for minors.

Specifically, the bill defines 16 years as the minimum age for an individual to consent to the use of their own image. It also imposes strict limits on the reuse of online images, voices, or AI-generated images without permission.

Spain’s Minister of Justice, Félix Bolaños, emphasized that sharing personal or family images on social networks does not grant absolute freedom to use those images in other contexts.

Legal Use of AI-Generated Content

The reform also explicitly defines the illegal use of a person’s image or voice created with artificial intelligence for advertising or commercial purposes without consent. However, Bolaños noted that creative, satirical, or fictional uses of images involving public figures will be permitted, provided that such content is clearly marked as AI-generated.

Next Steps for the Bill

The bill is currently subject to additional consultations, after which it will be sent back to the government for final approval before being submitted to Parliament for consideration.

Context of AI Regulation and Future Implications

This legislative step by Spain comes amid growing attention to regulating artificial intelligence and its impact on privacy, as well as Europe’s efforts to strengthen personal data protection. The rise of AI-generated content has raised significant concerns globally.

For instance, the Grok chatbot, developed by the xAI startup owned by Elon Musk, faced criticism from governments worldwide due to the surge in sexually explicit images without consent. In response to these issues, Grok ceased creating images for most users on the X social network, leading Indonesia to become the first country to temporarily block Grok.

As the bill progresses through the legislative process, it reflects a critical juncture in the ongoing dialogue regarding the ethical use of technology in the digital age.

In a related case, DoorDash confirmed an incident where a driver used AI-generated images to falsely mark an order as delivered, resulting in account removal and customer refunds.

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