Denmark Leads the Fight Against Deepfakes

08.05.25

Following our recent article on CapCut’s controversial update to its terms and conditions, and in light of similar actions by other platforms that are using a person’s voice, image, or likeness for commercial purposes, Associate, Samantha Ludeman, explores a newly proposed piece of legislation in Denmark.

This legislation represents a significant shift in the landscape of intellectual property (IP) and personal digital rights. If adopted, it could set a powerful precedent not only across Europe but also for countries like Australia to follow.

What Is the New Proposed Law?

Almost everyone who uses social media has come across a deepfake which is a realistic digital representation of a person, including their face, body and voice, often created using AI tools. These can be used to fabricate images, videos, or audio clips that appear authentic but are entirely synthetic. ¹

According to Danish Culture Minister Jakob Engel-Schmidt who recently spoke to CNN the proposed legislation would mean that for Danish citizens, if someone uses their image, voice, or physical appearance in a video, AI-generated audio clip, or another digital imitation without consent, they have an automatic legal right to demand its removal. If damages result, individuals could also seek compensation under existing legal frameworks. ²

If adopted theses rights would also extend to 50 years after an individual’s death which would allow heirs to act against unauthorized digital resurrecting of relatives. These proposed amendments are expected to be presented to the Danish Parliament in October 2025 and could come into effect in early 2026, if adopted. ³

Will Governments Begin to Embrace Personality Rights?

Currently, only a few jurisdictions explicitly protect the “right of publicity” or “personality rights,” which refer to an individual’s control over the commercial use of their identity.

In the United States, the right of publicity is recognised in some states either through statutes or common law, leading to a patchwork of legal protection.

Germany, by contrast, offers one of the most comprehensive legal frameworks for personality rights in Europe. These rights are primarily protected under the “General Right of Personality,” derived from Articles 1 (human dignity) and 2 (personal freedoms) of the German Basic Law (Grundgesetz). ⁴

Although the Australian government is actively looking into AI, with several initiatives underway to ensure its safe, ethical, and responsible use across sectors. Currently, it does not currently recognise publicity rights as a distinct legal category. Instead, Australians must rely on a combination of laws, such as privacy, defamation, and consumer protection, to address the misuse of their identity.

With the rise of AI, deepfakes, and evolving personality rights all in the balance, and certainly reshaping how we use technology, follow us at XVII Degrees to stay updated on the intersection of AI and IP in Australia.

Photo by Nahrizul Kadri on Unsplash

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