Deepfakes: what does French law say?
The SREN law of May 21, 2024 adapted the penal code: publishing AI-generated visual or audio content depicting a person without their consent is punishable if it is not manifestly artificial or labeled as such, with aggravated penalties for sexual deepfakes. Added to this are the AI Act's transparency obligations for labeling synthetic content.
French law penalizes deceptive deepfakes. The law of May 21, 2024 aimed at securing and regulating the digital space, known as the SREN law, adapted the penal code: publishing visual or audio content generated by algorithmic processing and depicting a person, without their consent, is punishable when it is not obvious that it is a manipulation or when this is not mentioned. Aggravated penalties specifically target deepfakes of a sexual nature. In addition to these criminal rules, there are transparency obligations from the European regulation on the labeling of artificial content.
What the penal code penalizes
The SREN law introduced and reinforced provisions sanctioning the dissemination of AI-generated content depicting a person without their consent, when the artificial nature is neither obvious nor indicated. The objective is to protect against the usurpation of image and voice through deceptive manipulations.
Specific provisions and aggravated penalties target manipulations of a sexual nature carried out without consent, in response to the proliferation of these particularly dignity-violating contents.
Other applicable protections
Beyond criminal law, a victim can invoke the right to one's image, the right to respect for private life and, depending on the case, defamation or insult. The GDPR also applies when personal data is involved.
The contribution of European regulation
The AI regulation imposes transparency obligations: artificial content, notably generated or manipulated images, sounds and videos, must be labeled. This obligation, expected to apply generally by August 2, 2026, aims to enable the public to identify such content.
What to do if you are a victim
Preserve evidence, report the content to the platform, file a complaint, and request removal on the grounds of the right to one's image and privacy. Victim support services exist.
Frequently Asked Questions
Is a deepfake illegal?
Dissemination without consent of a deceptive artificial content depicting a person is punishable, with aggravated penalties for sexual content.
Does labeling the manipulation change things?
Clearly mentioning the artificial nature modifies the analysis, but other rights, such as the right to one's image, may still apply.
What to do in case of sexual deepfake?
Preserve evidence, file a complaint without delay, request removal. Victim support associations can provide assistance.
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