Consent is Everything: It IS that Deep…You Can’t Fake Consent

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By Darion Smalls LLM Technology Law NTU Student

        Consent is everything. As a facilitator for the 2024 – 2025 Consent is Everything programme, I have become accustomed to explaining the requirements of consent. However, as a Master’s Technology Law student I have become accustomed to outlining in explicit detail the legal risks and opportunities that emerging technologies provide. Specifically, as Artificial Intelligence (AI) adoption increases and people find novel use cases, I have found the intersection interesting as it relates to deepfakes.

What are Deepfakes

        Deepfakes are “digitally created and altered content often in the form of fake images, videos, and audio recordings.” Essentially, they are images of a person that has been created using AI through prompting to create a new image of that person (or a collection of persons) that is different from images that the individual has provided to an AI model. As an individual, this means that any image that is available on your social media or that you have sent to a person, could be used to create a deepfake of you.  With approximately 94.2% of the global population using social media, there is plenty of material available to create deepfake adult content which disproportionately impacts women. While Section 188 of the Online Safety Act 2023 with reference to the Sexual Offences Act 2003 criminalises the sharing of intimate images including deepfakes without consent, and the government has recognised a need to crack down on the creation of these deepfakes, it is not currently illegal for an individual to create a deepfake without an individual’s consent.

Consenting and Deepfakes

        We discuss consent as freely given, reversible, informed, enthusiastic, and specific. Deepfakes present a unique challenge for several of these elements. First, research finds that current or former partners are the most likely perpetrators of deepfake creation and that most of it is created without the individuals’ consent, likely pointing to it being not freely given, informed, or specific. The technology itself challenges whether it is possible to withdraw your consent. While a person may delete all of the content created in their possession, they cannot remove it from the AI model. They have no control over how the model will be prompted in the future or the output that AI models will provide. In short, once an individual puts an image into an AI model, they cannot get it back. This may and likely should impact the ways that we share content with one another and manage consent expectations.

Managing Consent Expectations

        Anyone that has attended or facilitated a consent workshop will be familiar with the phrase, “it is not our expectation or place to tell you what you can and can’t do with respect to sharing images”. This blog does not depart from that tradition. However, what should change is how we communicate consent about explicit images. Do you expect that they are never put into an AI model? Do you expect all images are deleted after your encounter(s) end? Have you decided after reading this piece that everyone who might have an explicit image of you from the past needs to be informed about your wishes?

If you feel that someone may have created a deepfake using your likeness you can report it to the individual platform or take steps to report a deepfake with your likeness to the local police. If you are unsure about what steps to take or want to make a difference in NTU’s community to help raise awareness about consent, contact the Consent is Everything team who can support you in finding resources.

No matter how this piece has informed your view on consent about your image and likeness, it is important that you communicate (and continue to communicate) your requirements concerning consent. After all, consent is everything.

You can apply to be a Consent Programme Facilitator, like Darion, via our online application form here.

References

For help, advice and resources whilst studying at NTU, take a look at the following for sources of support.
Support from NTU
Self-Care books in NTU’s libraries
Silvercloud: SilverCloud is our online system designed to help with a range of mental health issues.
Health and Wellbeing resources
NTSU Information and Advice service
Wellness in Mind: Advice and support for anyone in Nottingham experiencing issues with their mental wellbeing
Student Minds or Student Space
10 Keys to happiness
Mind
Papyrus
CALM

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