Deepfake Laws in France
French law addresses non-consensual sharing of intimate images including deepfakes. Combined with GDPR and the EU Digital Services Act, victims have multiple pathways to find their exposure.
France's legal framework for deepfake intimate imagery combines criminal law (Code Pénal Article 226-2-1), GDPR-based access rights, and the EU Digital Services Act (DSA). Article 226-2-1 of the French Penal Code explicitly criminalizes recording and distribution of sexual imagery without consent, with penalties of up to two years' imprisonment and €60,000 in fines. AI-generated deepfakes fall within this provision. The DSA additionally requires very large online platforms to implement mechanisms for addressing illegal content including NCII.
French Penal Code Article 226-2-1
Article 226-2-1 of the Code Pénal criminalizes the recording, transmission, and distribution of intimate or sexual images without consent. The 2020 Schiappa law extended this provision to include morphed and AI-generated imagery. Penalties include up to two years' imprisonment and fines of up to €60,000, increasing to three years and €75,000 if distributed online. Victims can file criminal complaints (plainte pénale) directly with French police.
GDPR and DSA discovery rights
GDPR Article 17 access rights apply to French users regarding intimate imagery on EU-accessible platforms. The EU Digital Services Act additionally requires very large platforms (with 45 million+ EU users) to implement rapid mechanisms for addressing illegal content, including NCII. France's CNIL (Commission Nationale de l'Informatique et des Libertés) handles GDPR complaints.
Practical steps for French victims
French victims should: file a criminal complaint with French police; submit a GDPR access request to the platform's EU privacy contact; file a DSA complaint with CNIL if the platform does not comply; and, for US-based platforms, use ScanErase to find where their face appears online.
Frequently asked questions
Does France's law cover AI-generated deepfakes?
Yes. The 2020 amendment to Article 226-2-1 explicitly covers morphed and AI-generated intimate imagery. Deepfakes are legally equivalent to authentic intimate images under French law.
Can victims receive compensation under French law?
Yes. In addition to criminal prosecution, victims may pursue civil damages claims under French law for psychological harm caused by non-consensual intimate imagery distribution.
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