Answer: deepfake law
Are deepfakes illegalSome are, depending on what the fake shows, who it targets and where you are
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Short answer
Some are. In the US, a federal law makes it a crime to knowingly publish an intimate deepfake of an identifiable person without consent. In the EU, AI-generated deepfakes generally must be disclosed, and a ban on non-consensual sexual deepfakes starts on 2 December 2026. Other deepfakes may be legal. Rules differ by place.
What US and EU law say
United States. The TAKE IT DOWN Act, signed on 19 May 2025, makes it unlawful to use an interactive computer service to knowingly publish a “digital forgery” of an identifiable person. A digital forgery is an intimate image made or altered with software or AI that a reasonable person could not tell from a real one. The offence has conditions, including that it was published without the person’s consent and that it is intended to cause harm or does cause harm (Public Law 119-12). The law is about intimate imagery. It is not a general ban on every kind of fake. Many states have their own rules, so check yours.
European Union. Under Article 50 of the AI Act, anyone using an AI system to create or alter image, audio or video content that is a deepfake must disclose that it is artificially generated or manipulated. For clearly artistic, creative, satirical or fictional work the duty is limited to disclosing it in a way that does not spoil the work (Regulation (EU) 2024/1689). The Commission’s timeline lists new prohibitions on AI systems generating non-consensual sexual deepfakes and child sexual abuse material from 2 December 2026 (AI Act Service Desk).
Other laws may also apply, such as harassment, fraud, defamation, publicity rights and copyright. We did not survey those here.
If you are shown a fake, or made one
If a fake targets you, see how to report a deepfake and keep the original links and files. If you make AI content, consider consent, disclosure and the platform’s own rules; see do you have to disclose AI-generated content.
A TimeBind records a SHA-256 fingerprint of the exact file and a time, anchored to Bitcoin. The fingerprint is made in your browser and the file is not uploaded. A fingerprint of a saved copy can show you kept it unchanged from a recorded time. A TimeBind shows a file existed by a recorded time and has not changed since. It does not register copyright, is not legal advice and does not by itself show who made the file or whether it is genuine. A lawyer can advise on your situation.
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Frequently asked questions
Is it illegal to make a deepfake of yourself?
The sources we read do not ban it. In the EU, disclosure duties can still apply to deepfakes you publish.
Are deepfakes illegal in the US?
Federal law covers intimate deepfakes published without consent. Other uses may be covered by state laws or by general laws such as fraud or defamation.
Are all deepfakes illegal in the EU?
No. The AI Act mainly requires disclosure for deepfakes and, from 2 December 2026, prohibits AI systems that generate non-consensual sexual deepfakes.
Is a deepfake legal if it is a joke?
It may still need a label in the EU, and other laws can apply. For artistic or satirical work the EU duty is limited to disclosing it in an appropriate way.
Sources
- US Congress, Public Law 119-12, TAKE IT DOWN Act.
- EUR-Lex, Regulation (EU) 2024/1689 (AI Act), Article 50.
- European Commission AI Act Service Desk, Timeline for the implementation of the EU AI Act.
- European Commission, Transparency obligations under Article 50 of the AI Act.
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