The law is intended to protect citizens from harmful uses of technology and strengthen safeguards against abuse. Photo credit: Pool Moncloa/Borja Puig de la Bellacasa
Spain’s government has sent a new law to Congress aimed at banning fake sexual images created using artificial intelligence after growing concern that people could be exposed online abuse, harassment and the spread of manipulated content including those of women and children.
The government says the measures are designed to protect individuals from having their images turned into explicit material without consent, a problem that has raised particular concern among parents, schools and child protection groups.
The legislation would introduce some of the toughest penalties yet seen in Spain for the creation and distribution of sexual “deepfakes”, including fines of up to 35 million euros or 7% of a company’s global annual turnover in the most serious cases. The move follows increasing concern across Europe over the rise of digitally manipulated images and videos that can place a person’s face onto explicit content without their consent.
Focus on protecting victims from fake sexual content
The proposed law is to address fears that ordinary people, including teenagers and children, can be targeted using publicly available photographs taken from social media accounts or messaging platforms. In recent years, cases involving fake nude images of schoolgirls and women have attracted national attention in Spain, raising concerns about how quickly manipulated material can spread online and the emotional impact it can have on victims.
Under the proposed legislation, creating or sharing sexually explicit fake images without consent would face tighter legal restrictions. The measures are intended to protect people from having fabricated intimate material circulated online using their likeness. The legislation also includes measures targeting artificially generated child sexual abuse material and other forms of harmful digital impersonation.
Concerns over the impact on young people
The issue has become particularly sensitive following several investigations involving minors. Spanish authorities and campaign groups have warned that young people are especially vulnerable because photographs posted online can be copied and altered without permission.
Parents’ associations and child protection groups have repeatedly called for stronger safeguards after incidents involving school-age victims caused public concern in different parts of the country. The government argues that existing legislation has struggled to keep pace with the speed at which manipulated images can now be produced and shared.
New penalties and restrictions proposed
The bill approved by the Council of Ministers would create new penalties for companies and platforms that fail to comply with rules surrounding prohibited content. In the most serious cases, sanctions could reach 35 million euros or 7% of annual global turnover.
Spain’s Digital Transformation Minister Óscar López said the law is intended to protect citizens from harmful uses of technology and strengthen safeguards against abuse. Alongside restrictions on fake sexual content, the legislation would also prohibit certain forms of biometric categorisation and systems considered harmful to privacy or individual rights.
Mandatory labelling of altered content
The proposed law would require AI-generated material to be clearly identified in some situations so that users know when images, audio or video have been artificially altered or created.
Spanish officials say the aim is to reduce deception online and prevent manipulated material being mistaken for real content. The measures form part of Spain’s adaptation of wider European Union rules on artificial intelligence and digital safety.
Cases involving fake images have increased concern
Public debate around manipulated sexual images intensified after several high-profile cases involving teenagers emerged in Spain over the past two years. Some incidents involved fake nude images of minors created from ordinary photographs shared online.
Although the pictures were fabricated, families and campaigners warned that the damage caused to victims could still be severe. Experts working in child safety and digital rights have warned that the spread of manipulated intimate content can lead to humiliation, bullying and psychological distress, particularly among younger victims.
Law still faces parliamentary approval
The legislation must now pass through Spain’s parliamentary process before becoming law. Congress will debate the proposals and may introduce amendments before a final vote takes place. If approved, Spain would become one of the European countries with the strongest financial penalties linked to the creation and spread of fake sexual material generated using artificial intelligence.
The government says the legislation is intended to respond to growing public anxiety over how easily manipulated intimate content can now be produced and shared online. For many families, the debate centres on a simple concern: whether an ordinary photograph uploaded to the internet could be turned into fake explicit material without permission, and what legal protections exist if that happens.
