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The United States has joined other nations, including the United Kingdom, South Korea, and Australia, that criminalises the creation and distribution of deepfakes.
Today, 20 May, US President Donald Trump has signed into law the "Take It Down Act", a bipartisan bill establishing federal criminal penalties for the non-consensual sharing of explicit images, including those generated by artificial intelligence (AI) deepfakes.
This move begs the question: When will Malaysia follow suit?
US Criminalises Revenge Porn and Deepfakes
The "Take It Down Act", which garnered significant support across the political spectrum in the United States Congress, officially criminalises the non-consensual publication of intimate images and mandates their removal from online platforms. Violators could face potential prison sentences of up to three years.
"With the rise of AI image generation, countless women have been harassed with deepfakes and other explicit images distributed against their will," Trump was quoted saying in Politico.
Non-consensual pornography make up 96% of all deepfakes found online, with 99.9% depicting women, End Violence Against Women reported.
Revenge porn refers to the non-consensual distribution of sexually explicit images or videos of an individual without his/her consent by the perpetrator as a form of vengeance when the relationship turns sour. Deepfakes are videos, pictures, or audio clips that have been realistically altered using AI to depict something that did not happen.
Laws In Malaysia Haven't Kept Up With Online Abuse
Currently, Malaysia's existing legal framework, while possessing good intentions, are undoubtedly outdated.
Key legislations such as the Communications and Multimedia Act 1998 were formulated long before the advent of social media, sophisticated AI technologies like deep learning, and even the widespread use of smartphones. It is much too ill-equipped to address the complexities of modern digital threats such as deepfakes and the non-consensual sharing of explicit images.
Meanwhile, the Online Safety Bill 2024 enhances cybersecurity in the country, but there are no plans to specifically tackle online crimes such as cyberbullying, sexual exploitation, and other threats involving deepfakes.
The KRYSS Network, the All Women’s Action Society (AWAM), and the Women’s Aid Organisation (WAO) have collectively urged the government to enact clearer and more robust legislation to combat the burgeoning threat of AI-generated deepfakes in April, FMT reported. This urgency follows a disturbing case in Johor, where a teenage boy allegedly created and distributed fake nude images of female students using AI technology, selling them online for RM2 each.
Some victims were reportedly as young as 12 or 13 years old. The use of AI makes it difficult to prove authenticity of the crime, which may lead to victim-blaming, emotional distress, and suicidal thoughts. The urgent need for legislative reform to protect individuals from digital abuse is becoming increasingly apparent.
In The Meantime, What Do You Do If You Encounter Revenge Porn?
Encountering revenge porn or being a victim yourself requires immediate and careful action. If you come across such content, the first crucial step is to refrain from sharing or engaging with it in any way. Sharing, even with the intention of condemning it, can contribute to its spread and further victimise the individual. Instead, report the content directly to the platform where it was found.
If you are a victim of revenge porn, know that you are not alone and help is available. Document everything and take screenshots of the content, noting the date, time, and platform where it was found. This documentation can be crucial if you decide to pursue legal action in the future, even under the current legal landscape.
You can reach out to support organisations that specialise in online harassment and gender-based violence such as the Women's Aid Organisation (WAO) and the All Women’s Action Society (AWAM), which offer confidential support, advice, and resources. They can provide emotional support, safety planning guidance, and information about your legal options.
While the current laws are not specifically tailored to deepfakes or revenge porn, you can consider reporting the incident to the police. The KRYSS Network has found that women have used threats of police complaints to stop the attacks or to fight back against their harassers or perpetrators. A police report can create an official record of the abuse and may prompt further investigation or action as legal frameworks evolve.
Lastly, your safety is always, always a priority. You can review your social media privacy settings and consider temporarily deactivating accounts if necessary to protect yourself from further harm or contact.
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News sources: Politico, End Violence Against Women, FMT, and The KRYSS Network
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