Spain's cabinet approved a draft law to curb AI deepfakes and tighten consent rules for images, setting 16 as the minimum age to consent to image use. The bill restricts reuse of online photos and AI-generated voices or likenesses without permission and bars commercial use without consent. The move aligns Spain with EU plans to criminalise non-consensual sexual deepfakes by 2027 and follows probes into explicit deepfake material linked to xAI's Grok.
Spain Moves to Curb AI Deepfakes: Draft Law Tightens Image Consent and Protects Minors
FILE PHOTO: A message reading "AI artificial intelligence", a keyboard, and robot hands are seen in this illustration taken January 27, 2025. REUTERS/Dado Ruvic/Illustration/File Photo
Spain's cabinet on Tuesday approved a draft law aimed at curbing AI deepfakes and strengthening consent rules for images and AI-generated likenesses, as part of a broader European push to crack down on non-consensual sexual content produced with artificial intelligence.
Key Provisions
The proposal boosts protections for children, establishes 16 as the minimum age to consent to the use of one’s image, and restricts the reuse of online photos as well as AI-generated voices or likenesses without explicit permission. It also declares it illegitimate to use a person’s AI-generated image or voice for advertising or other commercial purposes without consent.
"The fact that people share personal or family images on social media does not give absolute freedom to use those images in other contexts," Justice Minister Felix Bolanos said.
The reform allows creative, satirical or fictional uses involving public figures, provided such material is clearly identified as AI-generated. The draft follows increasing international scrutiny of AI tools, including investigations into sexually explicit deepfake images linked to Elon Musk's xAI chatbot Grok.
Earlier this month the government asked prosecutors to assess whether certain AI-generated material could amount to child pornography; the Chief Prosecutor's office told Reuters it is examining the request.
The draft law must still undergo consultations before returning to the government for final approval and subsequent submission to parliament.
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