Is that real?
TLÜ eriväljaanne 2026Introduction
Every day, millions of people scroll through social media without thinking twice about what they are seeing; videos, photographs, voice recordings and edited clips appear so naturally on our screens that it is often impossible to tell what is real and what is not. Somewhere between a funny video of a dog dancing and an edited celebrity interview, people are increasingly coming across AI-generated content without even realizing it.
A deepfake is an image, video or audio recording that has been created or altered using artificial intelligence to make it appear that someone did or said something that didn’t happen. At first glance, some deepfakes seem harmless or even entertaining. However, this technology is too often used to create explicit sexual images of real people without their consent (Gieseke, 2020). Deepfake pornography is not a harmless byproduct of technology, but a form of sexual violence that violates a person’s autonomy, privacy and dignity.
Even though deepfake technology is a growing global issue, this essay will focus on the United States and the United Kingdom, as both countries have taken significant legal steps to address the problem and have experienced multiple cases of deepfake related abuse.
Main text
This issue has become impossible to ignore because deepfake pornography has not only increased in quantity but also in impact. What once seemed like a niche or experimental use of artificial intelligence has quickly developed into a widespread form of abuse that can affect anyone with an online presence. Research shows that the majority of deepfake content online is pornographic and most of its victims are women.
Unlike traditional forms of harassment, deepfake pornography can be created from a single photograph taken from Instagram, Facebook or any online platform. This means that anyone who shares images of themselves online can become a potential target. As Gieseke (2020) explains, perpetrators often use easily accessible images to construct highly realistic explicit content, making the abuse both simple to carry out and difficult to prevent.
The harm caused by deepfake pornography is often dismissed on the basis that the images are “not real”, but this reasoning fails to account for the very emotional and psychological impact for the person whose identity has been exploited. Victims lose control over how their bodies and identities are presented, often living with fear that others believe the material is authentic. Even when the materials are known to be fake, the humiliation and damage remain deeply real. This is why deepfake pornography should be understood as image-based sexual abuse. Where the key issue is not whether the sexual act truly happened, but whether the person consented to being represented in that way.
One of the core advocates against AI-generated pornography is Paris Hilton, who has openly spoken about being targeted by tens of thousands of AI-generated pornographic images. She described the situation as “deeply violating”, explaining that each new image brought back the same fear, that people might believe it's real (Ulea, 2026). Hilton’s experience highlights a much broader issue. Even as a global celebrity with access to legal support, she still has struggled to have these images removed and stop them from spreading. Which makes us think that for victims without resources or visibility the removal of such images may seem impossible.
Deepfake pornography is a rising global issue. For example, in the United Kingdom women have discovered explicit deepfake images of themselves circulating online after their pictures were copied from Instagram and inserted into pornographic videos. Journalists and female politicians are usually common targets since they are easier to find online and they are often targeted as a way to silence or intimidate them. But this issue is not only limited to public figures. Cases involving school students and minors have shown how easily this technology can be used in everyday environments, where classmates or acquaintances create explicit content from ordinary social media images.
The global nature of the problem makes legal protection especially complicated. Deepfakes can be created in one country, uploaded in another and viewed worldwide within seconds, this creates serious challenges for legal systems that are traditionally limited by national borders. A victim may know that harm has been done, but identifying who is responsible and under which country’s law, can be extremely difficult.
For many years, the law has failed to adequately respond because existing legal frameworks were not designed for this kind of technology. Existing laws concerning pornography,
harassment or defamation often required a real image or an actual sexual act. Since deepfakes are artificially created, offenders could argue that no real event had taken place and therefore no crime has been committed.
At the same time, deepfakes also challenge the role of evidence in law. Photographs and videos have historically been treated as reliable forms of proof in court. However, as technology evolves, this assumption is becoming increasingly uncertain. If digital content can be easily manipulated, legal systems must reconsider how truth and authenticity are established (Albahar & Almalki, 2019).
Despite these challenges, lawmakers are beginning to respond. In the United States, the Take It Down Act requires online platforms to remove non-consensual intimate images, including AI-generated images, once they are reported (Chatterjee, 2025). The significance of this law lies in the fact that it places responsibility not only on the individual who created the image but also on the companies that allow it to remain online. The proposed DEFIANCE Act goes even further allowing victims to sue those responsible and receive financial compensation for the harm they suffered (Aikey, 2026). This recognizes that the impact of deepfake pornography is not only emotional but can also affect careers, relationships and long-term well-being.
The United Kingdom has taken an even stricter approach. Under recent reforms to the Online Safety Act, creating or sharing sexually explicit deepfakes without consent can lead to criminal penalties, including imprisonment (GOV.UK, 2025). British lawmakers are increasingly classifying this material as image-based sexual abuse rather than a minor online offence.
However, as Gieseke (2020) argues, these legal developments are still not sufficient. Many victims continue to face difficulties in having content removed or in holding perpetrators accountable. The law is evolving, but it’s struggling to keep up with this rapidly advancing technology.
Conclusion
At its core, deepfake pornography is not merely a technological issue, but a social and ethical one. This essay has shown that the issue extends far beyond individual cases. It reflects broader challenges related to consent, digital identity and the ability of legal systems to
respond to new types of harm. While countries like the United States or the United Kingdom have taken important steps, significant gaps remain, particularly in addressing the global and fast-moving nature of this technology.
Ultimately, tackling deepfake pornography requires more than legal reform. It demands stronger cooperation between governments, technology companies, and society as a whole, as well as a deeper understanding of digital consent and responsibility. Without this, the gap between harm and protection will continue to grow, leaving individuals increasingly vulnerable in a world where reality itself can be easily manipulated.
Sara Karoliina Pahkala
References
CONGRESS.GOV. S.1837 - DEFIANCE Act of 2025
Ulea, A. (2026). ‘It’s the newest form of victimisation’: Paris Hilton joins the fight against AI deepfakes. Euronews.
Bekiempis, V. (2026). Ohio man becomes first to be convicted under new AI statute for sexually explicit images. The Guardian
Chatterjee, M. (2025) . Trump signs Take It Down Act, criminalizing deepfake and revenge porn. Politico.
Aikey, K. (2026). Fabricated Images, Real Harm: The DEFIANCE Act and Federal Civil Remedies for Deepfake Pornography. University of Cincinnati Law Review.
Albahar, M. & Almalki, J. (2019). Deepfakes: Threats and countermeasures systematic review. Journal of Theoretical and Applied Information Technology, 97(22).
Department for Science, Innovation and Technology. (2025). Online Safety Act: explainer. UK Government.
Gieseke, A. (2020). “The New Weapon of Choice”: Law’s Current Inability to Properly Address Deepfake Pornography. HeinOnline.

