Italy has taken a pioneering step in Europe by approving a law that makes the creation and distribution of deepfake content—images, audio, or videos generated by artificial intelligence without the affected person’s consent—a criminal offense. The Senate in Rome passed, by a wide majority, a new legal framework that regulates the development, deployment, and governance of AI systems, ensuring their use aligns with fundamental rights and complies with the recently adopted European AI Act.
The legislation imposes prison sentences of up to five years for those who produce or distribute manipulated content without authorization, especially in cases that harm the dignity, privacy, or reputation of victims. The law sets out the guiding principles for the responsible, transparent, and safe use of AI, with particular emphasis on technological innovation, cybersecurity, universal accessibility, and personal data protection.
It also requires the Italian government to develop specific regulations governing the use of data, algorithms, and mathematical models in the training of AI systems, even in sensitive areas such as the economy and defense. According to State Secretary Alessio Butti, who commented after the vote, “This decision puts innovation back at the service of the common good and aligns AI with growth, rights, and the comprehensive protection of citizens.
” One of the main triggers behind this legislation has been the alarming rise in fake pornographic content created with AI. “This is an important and necessary step, as also required by the EU Directive on combating violence against women. With the rise of generative AI techniques, the amount of fake pornographic material has skyrocketed by more than 500 percent in reported cases, and in 99 percent of these cases, the victims are women,” warned South Tyrolean Senator Julia Unterberger (SVP) during her address. Unterberger also called for the creation of a mandatory digital identity for internet users, stating,
“It is unacceptable that so-called trolls or ‘keyboard lions’ can act under the complete protection of anonymity.” The law, which will now move to the Chamber of Deputies for final approval, is considered a milestone in Europe for establishing a national legal framework on artificial intelligence. If ratified, it would make Italy the first European country to criminally sanction the creation and distribution of non-consensual deepfakes, setting a precedent in the fight against digital abuse and in the defense of fundamental rights in the technological era.
