Spain moves to curb AI deepfakes, tighten consent rules on images

MADRID, Spain – Spain’s cabinet on Tuesday, January 13, approved draft legislation to curb AI deepfakes and tighten consent rules on images, as European states increasingly move to crack down on AI-generated sexual content.

The bill approved by the cabinet strengthens protections for children, sets 16 as the minimum age for giving consent to use one’s own image and limits the reuse of online images and AI-generated voices or likenesses without permission.

The European Union is stepping up efforts to regulate deepfakes, with new rules requiring member states to criminalize non-consensual sexual deepfakes by 2027.

“The fact that people share personal or family images on social media does not give absolute freedom to use those images in other contexts,” Justice Minister Felix Bolanos said.

The reform also addresses artificial intelligence directly, deeming illegitimate the use of a person’s image or voice generated through AI for advertising or commercial purposes without consent.

Bolanos said creative, satirical or fictional uses involving public figures would be allowed, provided such content is clearly identified as AI-generated.

The legislation follows global scrutiny of AI tools, including Elon Musk’s xAI chatbot Grok, which is facing investigations over sexually explicit deepfake images.

Earlier this month, the government asked prosecutors to assess whether certain AI-generated content could constitute child pornography, a request the Chief Prosecutor’s office told Reuters it was examining.

The draft law must still undergo consultations before returning to the government for final approval and submission to parliament. – Rappler.com