Deepfakes and AI scams: Denmark poised to grant citizens copyright over their own bodies

From the shape of the eyes to the timbre of the voice, AI now knows how to copy everything. All these small details, markers of a person's uniqueness, have become, with it, so much reproducible, modifiable, and infinitely manipulable data at the user's discretion . A drift stems from this technological advance: that of deepfakes. Fake imitations of ultra-realistic images, videos, or sounds that today usurp the identities of both stars and unknowns. To fight back, Denmark is working on an unprecedented response: enshrining in law everyone's right to their own body, their own facial features, and their own voice.

To achieve this, the Danish Ministry of Culture intends to propose an amendment to the country's copyright law to parliament this summer. The idea, supported by a wide range of parties from both the left and right, was listed in a statement released Thursday, June 26, and could be adopted by the end of the year. "We must not accept that human beings can simply be put through a digital photocopier and used for all sorts of purposes," proclaims Jakob Engel-Schmidt, Minister of Culture and member of the Moderates (liberal).

What does this mean in concrete terms? If the text is accepted, Danes will have a "clear legal basis" to more easily require social media platforms to remove any content that uses their identity without their consent. If the latter fail to comply, the Danish authorities would then refer the matter to the European Commission, which, under its own legislation, could take action. Indeed, the European Digital Services Regulation (DSA) threatens heavy fines for platforms that fail to remove illegal content.

Following Copenhagen's lead, more and more countries are trying to combat deepfakes. As AP News observes , each is deploying its own strategy. But most are focused on a single problem: fake pornographic images. In May, Donald Trump signed a bipartisan bill banning the publication of intimate images without a person's consent. South Korea, for its part, has tightened regulations on platforms to stem the scourge.

The Danish response is therefore more comprehensive, although not without limitations and blind spots. For starters, the new legislation would make the publication of deepfakes illegal. The problem: there's a lack of sanctions. No fines or imprisonment would be imposed on Internet users who click "post" or "share." "However, depending on the circumstances, it may be possible to obtain compensation under the general rules of Danish law," the Danish parties' agreement vaguely states.

Second, the new legal framework would only apply to Denmark. In other words, if a Dane manages to have a post removed, it would still be visible from other countries.

Finally, the proposal provides for an exception. For reasons of freedom of expression, deepfakes intended for satire would not be punished. This raises questions: how will Danish authorities distinguish between a video intended to parody and one intended to harass?