Deepfake intimate image abuse: the legal gap in Northern Ireland
A mother in Northern Ireland says her teenage daughter was targeted with AI-generated sexual images. Police are investigating a Co Tyrone man alleged to have altered photos of underage schoolgirls using artificial intelligence.
Her anger is focused on a simple point: a new criminal offence covering the creation of non-consensual intimate images adopted elsewhere in the UK does not apply in Northern Ireland. This leaves a visible gap between public expectation and available legal tools.
Where the law stands today
England and Wales have legislated for specific intimate image abuse offences, including synthetic sexual images, following Law Commission recommendations. Northern Ireland has not yet enacted an equivalent offence covering the creation of deepfake intimate content.
That means police and prosecutors here must rely on existing provisions that were not drafted with AI-generated images in mind. For legal teams, the task is to map facts to the nearest-fit offences and move quickly on evidence and platform takedowns.
Criminal routes available in Northern Ireland (case-dependent)
- Child sexual abuse imagery: If the images depict or purport to depict minors, offences covering indecent images and "pseudo-photographs" may apply, regardless of whether AI generated the content.
- Disclosing private sexual images: Northern Ireland law includes an offence for disclosing private sexual photographs or films with intent to cause distress. Distribution is key; mere creation may fall outside scope.
- Harassment and stalking: A course of conduct causing alarm or distress can ground prosecution where the conduct is persistent.
- Communications offences: Grossly offensive, indecent, or menacing communications sent over a public network can be charged, depending on the facts and charging guidance.
Charge selection will turn on the victim's age, whether there was distribution, the nature of the images, and evidential proof of intent. Early liaison with the PPS is essential.
Civil options to protect victims and contain spread
- Misuse of private information and harassment claims to seek damages and injunctions.
- Data protection: UK GDPR and the Data Protection Act 2018 may support erasure requests and compensation where personal data was processed unlawfully.
- Norwich Pharmacal/disclosure orders to identify uploaders or account holders behind anonymous posts.
- Urgent interim injunctions (without notice where justified) to restrain further publication and compel takedown.
Parallel platform action is crucial: preserve URLs, report violations, and use any trusted flagger or legal escalation channels. Move fast before content proliferates.
Practical playbook for legal advisers
- Preserve evidence: screenshots with timestamps, platform URLs, hashes where available, and device logs. Do not alter original files.
- Report immediately to PSNI and reference any risks to minors. Provide a clear chronology and evidence bundle to support charging decisions.
- Send urgent letters to platforms and hosts requesting removal, account suspension, and preservation of logs for law enforcement.
- Consider interim relief: an injunction and a disclosure order to unmask the perpetrator if anonymous.
- Assess civil claims in tandem with criminal steps; prepare for victim impact statements and safeguarding measures.
Policy context and what's missing
The UK has moved to criminalise non-consensual intimate images, including deepfakes, in England and Wales following the Law Commission's project on intimate image abuse. Northern Ireland has not yet mirrored those reforms, creating uncertainty where no distribution occurs but harmful images are created or threatened.
Devolution means NI will need its own legislative vehicle or consent to UK-wide provisions to close this gap. Until then, cases will hinge on fitting facts to legacy offences and using civil remedies to limit harm.
Useful references
- Law Commission: Intimate Image Abuse (England and Wales)
- UK Government: Reforms on intimate image abuse offences
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