Are Deepfakes Illegal? Deepfake Laws Explained (2026)
A plain-language guide to deepfake law in 2026: the US TAKE IT DOWN Act, state-by-state deepfake statutes, the UK Online Safety Act, and EU rules. What is enacted law now versus only proposed.
Yes, many deepfakes are illegal, especially non-consensual intimate ones. In the US, the federal TAKE IT DOWN Act (2025) bans non-consensual intimate images including AI deepfakes, and most states have their own laws. The UK criminalises intimate-image deepfakes under the Online Safety Act 2023, and the EU adds transparency duties. Below is what is actually law now versus only proposed.
Deepfake law is moving fast. We mark clearly what is enacted law versus proposed, and every claim links to a primary source on our sources page. This is information, not legal advice; for your situation, consult a qualified lawyer.
United States: federal law
The TAKE IT DOWN Act (enacted, 2025)
Signed into law on May 19, 2025, the TAKE IT DOWN Act makes it unlawful to publish non-consensual intimate imagery, whether it is a real photo or an AI-generated deepfake, of both adults and minors, with tougher penalties when a minor is depicted. It also requires covered online platforms to remove reported content within 48 hours, a duty enforced by the Federal Trade Commission, with platforms required to have their removal process in place by May 19, 2026. We cover this in depth in the TAKE IT DOWN Act explained.
The DEFIANCE Act (proposed, not yet law)
The DEFIANCE Act would create a federal civil right to sue the people who create or share non-consensual intimate “digital forgeries.” It passed the US Senate but, as of mid-2026, has not been enacted into law. Treat it as a likely future remedy, not a current one. In the meantime, state civil laws and existing torts may still let you sue, see can you sue for a deepfake?
United States: state laws
As of 2026, more than half of US states have enacted laws targeting non-consensual deepfakes or intimate images. Approaches differ: some make it a crime, some let victims sue, and some do both. The table below shows representative examples; your state may have its own statute even if it is not listed.
| State | Approach | Note |
|---|---|---|
| Virginia | Criminal | First in the US (2019), amended its revenge-porn law to cover fakes. |
| California | Civil | Lets victims sue over non-consensual sexual deepfakes (AB 602). |
| Texas | Criminal | Criminal offence for non-consensual deepfake intimate media. |
| New York | Criminal | Criminalises unlawful dissemination of explicit deepfakes. |
| Minnesota | Criminal | Criminal penalties for non-consensual deepfake imagery. |
| Illinois | Civil | Provides a civil cause of action for victims. |
| Hawaii, Georgia | Criminal | Among earlier adopters (2021). |
Several states (including Louisiana, Texas and South Dakota) have specific provisions for content depicting minors. Because state law changes frequently, confirm the current statute for your state before relying on it.
United Kingdom
The UK Online Safety Act 2023 added new offences to the Sexual Offences Act 2003 covering the sharing of, or threatening to share, intimate images, which includes deepfake intimate images. It received royal assent on October 26, 2023. Victims can report to the police and get support from the Revenge Porn Helpline.
European Union
The EU does not have a single “deepfake porn” statute, but two frameworks apply. The Digital Services Act requires platforms to act on reports of illegal content. The EU AI Act, in Article 50, requires that deepfakes be disclosed as artificially generated or manipulated; that transparency obligation becomes applicable on August 2, 2026. Many EU countries also criminalise non-consensual intimate images under national law.
What this means if a deepfake targets you
The law is increasingly on your side, but using your legal rights and getting the content removed are two different things, and removal is usually faster. Start with the free takedown routes in our removal guide, then decide whether to pursue legal action. If you want to understand suing and costs, see can you sue for a deepfake?