Preventing and Punishing Non-consensual Pornographic Montages: New Legal Framework to Protect Individuals

2023-08-11 10:50:32

Publishing a pornographic montage of a person without their knowledge will be punishable by three years’ imprisonment, if the image used comes from social networks.

The influencer Léna Mahfouf is unfortunately not the first known person to undergo a pornographic montage without her consent. In a video posted on August 6, she reacts to a fake photo and laments that a number of women are suffering from these atrocious hijackings.

“It’s horrible,” she exclaimed in one of her August vlogs.

“They captured an image from one of my videos and pasted it on a body that doesn’t belong to me. And there are so many girls on the internet who are going through this,” she laments.

Provide a legal framework to better protect

It is precisely to prevent women from continuing to have to undergo these montages that the Ministry of Digital has decided to act. Indeed, there is currently no legal framework to punish deepfakes. “It was a blind spot of our right”, reacted Jean-Noël Barrot, the Minister Delegate in charge of Digital, in a tweet in reaction to the editing suffered by Léna Situations.

Thus, in digital billarticle 5 ter, resulting from an amendment carried by the government, reinforces article 226-8 of the penal code on editing without consent, and punishable by two years’ imprisonment and a fine of 60,000 euros for any publication editing of a sexual nature.

This penalty is increased to three years in prison and a fine of 75,000 euros, if the images used come from a photo or video published on social networks. The text will be presented for second reading to the National Assembly at the start of the school year.

Other personalities have been victims of pornographic deepfakes like Emma Watson or Enora Malagré. According to a study published in 2019 by the organization Deeptrace, 96% of deepfakes are pornographic and almost all (99%) of the montages in this category target women.

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