New draft bill to protect against misuse of deepfakes
The Danish Government has – with broad support – proposed a new draft bill to enforce better protection against digital imitations of personal characteristics. The draft bill will prohibit the misuse and sharing of harmful deepfakes.
It is becoming increasingly complex to tell the difference between real and manipulated material with the development of AI. This is a fundamental problem. Therefore, the new draft bill aims to guarantee “the right to body and voice” by prohibiting access to distribute deepfakes and other digital imitations.
The draft bill aims to protect against:
- Sharing deepfakes without the consent of the person who is imitated
- Sharing imitations of the work of performing artists without consent
The rules will apply to all public platforms. If the rules are violated, the imitation can be removed. Artists can also claim compensation if they suffer a loss because of imitation.
Under the proposed rules, parodies and satire will still be permitted. The use of deepfakes for satire and parody will, among other things, require that the material not harm the person whose personal characteristics are being imitated and that it be clear that it is a deepfake.
IUNO's opinion
The data protection rules, marketing rules, and the criminal code already provide varying degrees of protection against the misuse of deepfakes. However, the upcoming rules will introduce more targeted grounds for having unlawful content removed.
IUNO recommends that companies offering digital platforms prepare for the obligation to remove unlawful deepfakes. Consent must also be obtained for deepfakes that are not exempt from the rules.
Denmark is not the first to address the problem of deepfakes arising from the development of AI. France introduced similar rules in 2024. We are monitoring the development closely and expect that the bill will enter into force on 31 March 2026.
[Proposed bill on changes to the Danish Copyright Act of 7 July 2025]
It is becoming increasingly complex to tell the difference between real and manipulated material with the development of AI. This is a fundamental problem. Therefore, the new draft bill aims to guarantee “the right to body and voice” by prohibiting access to distribute deepfakes and other digital imitations.
The draft bill aims to protect against:
- Sharing deepfakes without the consent of the person who is imitated
- Sharing imitations of the work of performing artists without consent
The rules will apply to all public platforms. If the rules are violated, the imitation can be removed. Artists can also claim compensation if they suffer a loss because of imitation.
Under the proposed rules, parodies and satire will still be permitted. The use of deepfakes for satire and parody will, among other things, require that the material not harm the person whose personal characteristics are being imitated and that it be clear that it is a deepfake.
IUNO's opinion
The data protection rules, marketing rules, and the criminal code already provide varying degrees of protection against the misuse of deepfakes. However, the upcoming rules will introduce more targeted grounds for having unlawful content removed.
IUNO recommends that companies offering digital platforms prepare for the obligation to remove unlawful deepfakes. Consent must also be obtained for deepfakes that are not exempt from the rules.
Denmark is not the first to address the problem of deepfakes arising from the development of AI. France introduced similar rules in 2024. We are monitoring the development closely and expect that the bill will enter into force on 31 March 2026.
[Proposed bill on changes to the Danish Copyright Act of 7 July 2025]
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