The Danish government aims to safeguard its citizens from the creation and circulation of AI-generated deepfakes by strengthening copyright laws that ensure people the right to their own body, facial features, and voice. However, this law does not necessarily combat deepfakes directly; instead, it depends on its citizens to report unauthorized usage of deepfakes. 

Deepfake technology generates and manipulates hyperrealistic images, videos, and audio that replicate believable content that never happened at a very high level. Labeled by the U.S. Homeland Security as an “emergent type of threat”, deepfakes have the potential to steal a person’s identity, spread false information, harass an individual, or frame someone for a crime. 

With cross-party agreement, the Department of Culture plans to submit the amendment to the current copyright law in the autumn after negotiations of the proposal. It is expected to become law once the Danish Parliament approves the amendment. 

As the first law in the EU to regulate the use of deepfakes using copyright law, two provisions regarding deepfakes are proposed: 

  • S.65a on the prohibition against making realistic deepfakes of performing artists’ or artists’ artistic performances available to the public without consent
  • S.73a on the prohibition against making deepfakes of natural persons’ personal, physical characteristics available to the public without consent

Instead of requiring the existence of a copyright-protected work or performance, the amendment protects all natural persons’ unique characteristics, regardless of whether they are artists or creators. This allows people the right to demand that online platforms remove such content if it is shared without consent. Online platforms that do not abide may be issued substantial fines. 

This ban does not prevent the spread of deepfakes in the private sphere in the form of a private party or dissemination. Only published deepfakes have the potential to face these liabilities. Additionally, parodies and satires are not affected by this amendment. 

The Danish Culture Minister, Jakob Engel-Schmidt, said he hopes the bill sends a message to others and plans to use the forthcoming EU presidency to share their plans with other European nations. He stated, “Human beings can be run through the digital copy machine and be misused for all sorts of purposes, and I’m not willing to accept that.”

These protections may affect enterprises’ use of technology in addition to protection against identity exploitation. 

Copyright Laws 

Current copyright laws in Denmark stipulate that a person’s commercially produced image should be used with consent, but this is largely an unwritten principle based on existing frameworks such as the Danish Marketing Practices Act and the AI Act (Regulation 2024/1689). These laws do not protect against deepfakes, however, making it crucial to have protections against unlawful and explicit usage of one’s identity. 

Additionally, the Danish government contends that the current approach to deepfake regulation puts authorities in an overly reactive and defensive position.

Since misuse of deepfake imagery is a global issue, other countries have enacted legislation to address the harmful usage of deepfakes. The U.S. passed the TAKE IT DOWN Act on May 19, 2025, which criminalizes the creation and distribution of nonconsensual deepfake content and mandates social media companies to remove such material 48 hours after notice.

On protecting identity as a civil right, the Argentine Civil and Commercial Code Article 53 protects individuals from the unauthorized capture, reproduction, or publication of their image. Uruguay’s Personal Data Protection Law recognizes the right to self-image by protecting biometric and personal data. 

Navigating the Digital Landscape and Enforcement Limitations

Instead of targeting the harm by making deepfakes by themselves illegal, the bill pioneers a unique approach to protecting human identity in the digital age. The approach has a broad protection by focusing on consent instead of the intent of deepfake creation. No other country has tried this so far. 

It is important to note that the law will only apply to Danish territory, even though deepfake users operate globally. The legal force is limited to: content hosted or accessible in Denmark, companies operating or targeting users in Denmark, and acts that are committed in Danish territory. Additionally, the bill would be enforced against social media companies that are responsible for removing unauthorized deepfakes of Danish citizens. Users who post deepfakes are not fined. 

Although government officials oversee enforcement, this bill puts the responsibility of illegal deepfakes on the social media platforms to remove unauthorized deepfakes once identified, as well as on the individual to report misuse. Officials are not obligated to proactively monitor deepfake usage—they may only issue enforcement when a complaint is filed or when violations become visible. 

Enforcement methods to regulate deepfakes must be efficient, fast, and consistent for there to be a real-world impact, according to Francesco Cavalli, a deepfake detection expert. Government agencies, public officials, and social media companies must collaborate closely to combat deepfakes. Based on the bill, a combination of platform enforcement, regulatory oversight, user rights, and detection tools could be used to identify, remove, and prevent unauthorized deepfakes. 

Additionally, some experts have concerns about the lack of clarity due to the lack of consensus on what constitutes a deepfake. Also, since satire and parodies are not considered in this bill, definitions of these terms may vary and will depend on the courts to decide these disputes, acknowledged the Culture Minister. This may lead to a prolonged legal process and inconsistent rulings due to the lack of unified guidance. 

While the bill empowers individuals to legally claim their identity, it does not necessarily combat the creation and spread of deepfakes. The law may shift the responsibility of reporting misuse of deepfakes to the user, as AI-generated deepfakes will still be generated rapidly, and encryption methods will naturally advance to protect illegal deepfakes from detection. However, the law will also protect individuals from these new conflicts in the future of rapidly expanding AI technology.