Spain Cracks Down on AI Deepfakes: New Laws Target Image Generation & Consent
Spain just threw a regulatory wrench into the AI hype machine. New legislation targets the Wild West of synthetic media—specifically deepfakes and image generation—mandating explicit consent for using anyone's likeness. No more training models on scraped photos without permission.
The Core Crackdown
Forget gentle guidelines. This is hard law. It directly challenges the 'scrape now, ask later' data-hoarding model that fuels many generative AI systems. Creators and platforms must now prove they have clear, unambiguous consent before generating or disseminating synthetic images of real people. It’s a privacy-first approach that could set a costly precedent for AI developers globally.
Why This Matters Beyond Borders
Spain isn't acting in a vacuum. This move signals a growing EU-wide impatience with unregulated AI. It creates immediate friction for any company operating in Spain and adds pressure for similar rules under the broader EU AI Act. The compliance overhead isn't trivial—it could slow deployment and increase costs for AI image services.
The Finance Angle: A Reality Check for the AI Pump
Here’s the cynical finance jab: While VCs pour billions into AI startups promising infinite scale, regulations like Spain’s remind everyone that real-world deployment involves pesky things like ‘laws’ and ‘human rights.’ It’s a classic case of technological capability slamming into legal reality—often where the hype bubble meets the pin.
Bottom line: Spain’s law is a landmark. It draws a clear, consent-based line in the sand for synthetic media. For the crypto and Web3 space, which often intersects with digital identity and verifiable credentials, it highlights a growing regulatory focus that decentralized networks might one day have to navigate—or circumvent.
What are Spain’s laws regarding deepfakes?
Spain’s cabinet has approved a draft legislation that establishes new consent requirements for digital images and AI deepfakes. The legislation will strengthen protections for minors and establish 16 as the minimum age at which individuals can consent to the use of their own image.
This law directly addresses concerns about children’s digital safety in an era where AI tools can easily manipulate or replicate personal content.
Justice Minister Felix Bolanos stated that individuals sharing their personal or family images on social media does not give others the freedom to use those images as they like.
The law includes exceptions for creative, satirical, or fictional uses. For instance, content involving public figures will remain permissible, provided the content is clearly identified as AI-generated.
New EU rules also require all member states to criminalize non-consensual sexual deepfakes by 2027.
Are deepfakes legal in Spain?
Elon Musk’s xAI chatbot Grok, has recently faced investigations over sexually explicit deepfake images. As Cryptopolitan reported last week, Grok ran into trouble generating roughly one non-consensual sexualized image per minute at its peak, placing women and minors in revealing poses or removing clothing from uploaded photos.
During the incident earlier this month, the Spanish government requested that prosecutors determine whether certain AI-generated content could be considered as child pornography.
Before becoming law, the draft will go through consultations with stakeholders and then return to the government for final approval before it is submitted to parliament.
Aside from Spain, Indonesia and Malaysia have also taken action against Grok after it generated thousands of non-consensual sexually explicit deepfakes, including images of children. Both countries were the first to completely block the chatbot.
The UK’s media regulator Ofcom is launching a formal investigation into the incident that could result in fines up to 10% of X’s global revenue or a complete ban.
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