Picture this: you’re scrolling through your social media and stumble upon a video of someone who looks exactly like you, doing or saying something you never did. Your face, your voice – but completely fake. This unsettling scenario is no longer sci-fi; it’s the age of deepfakes. And recently in the Netherlands, there’s been a surge of AI-powered “undressing apps” that can digitally strip clothes from images of women, turning ordinary photos into non-consensual nudes.
Battle in The Netherlands
This is the landscape in which Dutch law must operate: a world where anyone can be falsely depicted in a sexual scenario at the touch of a button. It’s a new form of image-based sexual abuse. Victims understandably ask: isn’t this illegal? Can’t I do something if someone makes a deepfake of me without permission?
Existing Dutch Laws That Address Deepfakes
Non-Consensual Pornography (Revenge Porn) Law
In 2019, the Netherlands added Article 139h to its Criminal Code, criminalizing the distribution of intimate images of someone without their consent. This law covers AI-generated images that “appear to show” someone in an intimate situation, making deepfake porn distribution a punishable offense.
Unlawful Dissemination of Personal Images (Portrait Rights and Privacy)
The Dutch Civil Code protects portrait rights, and GDPR classifies any image mapped to a person’s identity as personal data. Sharing deepfakes without consent can be grounds for a civil lawsuit and violate GDPR.
Defamation, Libel, and Insult Laws
Deepfakes that damage a person’s reputation by depicting illegal or unethical behavior can be prosecuted under defamation laws. The difficulty lies in proving who made or distributed the deepfake and their intent.
Identity Fraud and Impersonation
Using someone’s likeness to deceive, such as imitating a CEO’s voice to authorize a transaction, can lead to fraud or impersonation charges. Dutch law already covers these acts regardless of whether AI is used.
Existing Sexual Offense Laws
AI-generated child sexual imagery is treated as illegal child pornography under Dutch law. Even realistic fakes of minors are criminalized.
Proposed and Upcoming Regulations
Dutch Parliamentary Motion
In 2022, Dutch MP Queeny Rajkowski proposed banning malicious uses of deepfakes. While the motion aimed to target the creation of deepnudes, critics argued that an outright ban on the technology would be too broad and hard to enforce. The focus remains on strengthening laws targeting harmful outcomes.
EU AI Act
Expected to take effect in 2024 or 2025, the AI Act will require labeling of deepfake content. It classifies politically manipulative or high-impact fakes as “high-risk AI” and imposes stricter transparency rules.
Digital Services Act (DSA)
The DSA requires platforms to remove illegal content like deepfakes once notified. It supports faster takedown of harmful content and creates pressure on platforms to detect and address deepfakes.
Dutch Hotline and Public Awareness Efforts
Officials are considering a reporting center for deepfake abuse and are emphasizing awareness campaigns to help people protect themselves and recognize fake content.
The Gap: Fast Tech vs. Slow Law
Deepfake technology evolves rapidly, while legislation lags. Even when laws exist, enforcement is challenging due to:
- Jurisdictional issues (global hosting)
- Anonymity of perpetrators
- Difficulty proving content is AI-generated
This gap leaves victims vulnerable, even as laws technically prohibit the harmful use of deepfakes.
Who Is Protected? Who Is Exploited?
Women are disproportionately targeted in sexual deepfakes, prompting laws and services to focus on protecting them. Public figures face risks related to misinformation, which may impact democracy. Legal gray zones exist around private deepfake creation and unknown victims.
Questions remain about whether creating a deepfake without sharing it should be criminalized. Some argue yes, to send a strong societal message; others caution against overreach.
Are We Ready for the Deepfake Era?
Society is still catching up. We need a mix of:
- Legal tools to punish and deter
- Technology to detect and prevent
- Education to teach skepticism and media literacy
Future solutions may include authenticity certificates and deepfake detectors, but challenges remain around enforcement, privacy, and ethics.
Conclusion
Deepfakes pose a serious challenge to truth, privacy, and safety. The Netherlands, supported by EU regulations, is taking steps to address this threat, but full readiness is still a work in progress.
Ultimately, protecting society will require collaboration between lawmakers, technologists, and the public to stay ahead in this evolving digital arms race. The fight against malicious deepfakes is not just legal – it’s cultural, technological, and deeply human.