Guernsey moves to criminalise AI deepfake porn and non-consensual intimate imagery
Guernsey is set to strengthen the Sexual Offences Law 2020 with amendments targeting AI-generated sexual imagery and other online abuse. Officials confirmed Guernsey Police have recently dealt with cases involving intimate AI images, prompting a faster legislative response.
The Committee for Home Affairs plans to bring forward nine amendments. Seven focus on sexual imagery; two address gaps identified since the 2020 law was enacted.
Key proposed offences and measures
- Using AI to create false sexual images or videos (deepfakes) without consent.
- Creating or taking intimate images without consent.
- Sharing non-consensual intimate images.
- Cyberflashing.
- Requesting deepfakes.
- Possessing indecent cartoons or drawings of children.
- Broader application of Risk of Sexual Harm Orders (RSHOs) to prevent harm to children.
- Two further amendments to fix gaps identified since 2020 (details to follow from the Committee).
Det Insp Thomas Lowe said: "Our main goal is always to safeguard victims and ensure offenders are brought to justice, and I hope these new amendments, when passed, will allow us to do that more effectively."
Home Affairs President Marc Leadbeater noted the committee's concern over recent cases involving intimate AI images and its intent to act swiftly to protect victims. He added the package will also strengthen provisions around indecent images of children and bolster powers across the criminal justice system to protect the community.
What legal teams should prepare for
- Scope and definitions: Expect clearer statutory coverage for AI-synthesised sexual content and requests for such content, not just distribution.
- Consent-centric framing: Liability may attach at creation, request, and possession stages-advise clients on zero-tolerance policies and consent documentation.
- RSHOs: Broader use suggests earlier court intervention; assess thresholds for applications, evidence, and proportionality.
- Corporate exposure: Employers and platforms should update reporting channels, device-use policies, and moderation/escalation workflows.
- Evidence and forensics: Plan for prompt preservation of device data, logs, platform communications, and AI tool outputs. Consider expert analysis to establish synthesis/manipulation.
- Cross-border issues: Hosting and creation may occur off-island; prepare for mutual legal assistance and platform disclosure requests.
Practical steps now
- Update internal policies to explicitly prohibit deepfakes, cyberflashing, and non-consensual imagery; include investigation and disciplinary routes.
- Refresh client terms, NDAs, and codes of conduct to cover synthetic sexual content and requests for such content.
- Train staff on consent, reporting, and evidence preservation. Establish a rapid-response protocol with counsel and IT forensics.
- Review safeguarding measures for minors and thresholds for seeking RSHOs.
- Monitor the legislative text once published to calibrate risk assessments and compliance playbooks.
References and further reading
Current statute and updates will be available through Guernsey Legal Resources: guernseylegalresources.gg.
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