Denmark is pioneering legislation that would make it the first EU country to grant citizens copyright over their own faces, voices, and physical likeness. Will other countries follow suit?
Hello and welcome back to the AI SIX podcast. I’m Joanne Sweeney, committed to teaching you AI and empowering you to take action with your new knowledge.
Before I tell you more about the details of this law, here’s why Denmark has taken this bold move to fight back against deepfakes.
15 Essential Points about this Landmark Law
1. First-of-its-Kind European Legislation
Denmark is set to become the first European country to grant individuals copyright over their own face, voice, and physical likeness through amendments to its copyright law.
2. Broad Political Support
The proposal has secured bipartisan agreement from nearly all political parties in Denmark, with nine out of 10 members of parliament supporting the initiative and parties holding more than 80% of seats backing the measure.
3. Timeline for Implementation
The bill was submitted for consultation on July 7, 2025, and is expected to be introduced in the Danish Parliament in winter 2025/26, with full enactment anticipated by the end of 2026.
4. Two Types of Protection
The legislation introduces dual protections: imitation protection for performing artists against realistic, digitally generated imitations of their artistic performances, and general protection for all individuals against realistic digital imitations of their personal characteristics.
5. 50-Year Protection Period
Both individual likeness rights and performing artist protections will extend for 50 years from the year of death of the person being imitated.
6. Targets Realistic Deepfakes
The law specifically addresses “realistic, digitally generated imitations” that create confusion, focusing on content that appears authentic rather than clearly stylised material.
7. Legal Basis for Removal Requests
Citizens will gain the legal right to demand that social media platforms and websites remove deepfake content featuring their likeness without consent.
8. Platform Liability and Fines
Tech platforms like Meta, X, Instagram, TikTok, and YouTube could face “severe fines” if they fail to remove flagged deepfake content after receiving notifications.
9. Compensation Rights
While the law doesn’t directly provide for criminal penalties, affected individuals can seek damages and compensation under general Danish law rules.
10. Exceptions for Creative Expression
The legislation includes specific carve-outs for parody, satire, caricature, pastiche, and criticism to protect freedom of expression and artistic creativity.
11. EU Digital Services Act Integration
The new rules will activate the EU Digital Services Act (DSA), which requires digital platforms to take action against illegal content, creating additional enforcement mechanisms.
12. Ministerial Vision
Culture Minister Jakob Engel-Schmidt emphasised the law’s core message: “everybody has the right to their own body, their own voice and their own facial features,” stating that current laws don’t adequately protect against generative AI misuse.
13. Addressing Multiple Harms
The law targets various deepfake abuses, including non-consensual deepfake pornography, scam campaigns, fabricated political content, and unauthorised brand endorsements.
14. Geographic Limitations
Critics note that the protective measures are limited to Denmark, meaning illegal deepfake content could still be accessible from other countries even if blocked for Danish users.
15. EU Presidency Influence
As Denmark prepares to assume the presidency of the EU Council in 2025, officials plan to advocate for similar protections across Europe, potentially making this a template for continent-wide legislation.
This revolutionary approach represents a significant shift from traditional deepfake laws that typically focus on specific criminal harms, instead taking a harm-agnostic approach that directly addresses the unauthorised publication of realistic digital imitations regardless of intent.
About the Podcast Host
Joanne Sweeney is a specialist in public-sector marketing and digital communications. She’s the author of Public Sector Marketing Pro and the creator of the Professional Diploma in AI for Public Sector Marketing. With years of experience in training, consulting, and advocating for digital transformation, Joanne provides insight and guidance for government agencies navigating the digital landscape. She is also the host of the award-winning Public Sector Marketing Show podcast.
