Spain Moves to Curb AI Deepfakes and Tighten Consent Rules on Images
MADRID, Jan 13 – In a significant step towards regulating artificial intelligence, Spain’s cabinet has approved draft legislation aimed at curbing AI deepfakes and tightening consent rules regarding the use of images. This move aligns with the growing trend among European states to crack down on AI-generated sexual content.
Key Provisions of the Draft Legislation
The newly approved bill introduces several key measures to enhance protections for individuals, particularly children:
- Minimum Age for Consent: It establishes 16 years as the minimum age for individuals to give consent for the use of their own image.
- Limitations on Image Use: The legislation restricts the reuse of online images and AI-generated voices or likenesses without explicit permission.
European Union’s Regulatory Push
The European Union is intensifying its efforts to regulate deepfakes, with new rules slated to require member states to criminalize non-consensual sexual deepfakes by 2027. This reflects a broader commitment to safeguarding personal rights in the digital age.
Statements from Officials
Justice Minister Felix Bolanos emphasized that sharing personal or family images on social media does not equate to an unrestricted right to use those images in other contexts. “The fact that people share personal or family images on social media does not give absolute freedom to use those images in other contexts,” he stated.
Addressing AI Directly
The reform explicitly addresses the use of artificial intelligence, declaring that the use of a person’s image or voice generated through AI for advertising or commercial purposes without consent is illegitimate. However, creative, satirical, or fictional uses involving public figures are permitted as long as such content is clearly identified as AI-generated.
Global Context and Ongoing Investigations
This legislative move comes amid global scrutiny of AI tools, notably the xAI chatbot Grok by Elon Musk, which is currently under investigation for its role in generating sexually explicit deepfake images. Earlier in January, the government requested prosecutors to evaluate whether certain AI-generated content could be classified as child pornography.
Next Steps for the Legislation
While the draft law has been approved by the cabinet, it must still undergo consultations before returning to the government for final approval and submission to parliament.
This legislation represents a proactive approach by Spain to navigate the complexities of AI technology while prioritizing individual rights and safeguarding against misuse.
