A new law on the creation of deepfake intimate images is being considered by the Scottish government as part of a series of reforms aimed at tackling violence against women and girls.
While laws already exist covering the sharing of such images, public views are being sought on proposals for a new offence which would address issues around the use of artificial intelligence (AI) to create pictures without consent.
The consultation is also seeking opinions in regards to criminalising digital tools that are designed solely to generate intimate images and videos.
It is already an offence to disclose, or threaten to disclose, deepfake images if it is done either for the purpose of causing fear, alarm or distress to the person featured, or the perpetrator is reckless as to whether doing so would be likely to cause them fear, alarm or distress.
The Scottish government paper said: “It is behaviour often committed by men in abusive and manipulative ways to seek to control women and girls.”
It added: “The criminal law needs to adapt to the new ways in which forms of misogynistic abuse target women and girls.
“Where technology advances, it should not be acceptable to use new tools to manipulate images to give an appearance of a person in an intimate state.
“By focusing on the creation of such images rather than the disclosing or threats to disclose such images, this can help make clear how such behaviour is unacceptable, as well as helping to reduce demand for tools that can be used to create such images (which may then go on to be shared).”
In addition to this, ministers are also looking at making pregnancy an aggravating factor for domestic abuse cases, so that when a mother-to-be is the victim of a crime the courts would have to treat the case more seriously in sentencing.
To tackle spiking crimes, where someone is given alcohol or drugs without their consent, views are being sought on the creation of a standalone offence, rather than dealing with such cases under the current common law offence of drugging.
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Consideration is also being given to whether non-harassment orders could be imposed by the Crown Office and Procurator Fiscal Service (COPFS) as an alternative to prosecuting some cases in court.
And while the Scottish government does not support the creation of a new standalone offence for non-fatal strangulation, it does ask if there should be better recording of criminal cases where it arises.
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The consultation will run until 19 June.
Ms Constance. Pic: PA
Justice Secretary Angela Constance said: “Violence against women and girls is abhorrent and we must ensure we are doing all we can to tackle it, whether it is established or emerging forms of harm.
“We have made significant progress already – including the introduction of the domestic abuse offence, improved training for those supporting victims and new powers to enforce protective orders in Scotland imposed elsewhere in the UK.”
Ms Constance said she is “particularly keen” to hear from those with direct experience of harm.
She added: “The responses will help to inform future action that is needed to achieve the outcome we all seek: stronger protections and actions which lead to lower levels of violence against women and girls and a safer Scotland.”
