AI European Act requires transparency of synthetic content. However, the legal definition of “deepfakes” is still unclear. Denmark provides an innovative concrete regulatory response.
For the first time in Europe, Denmark is preparing to introduce a daring reform of copyright: the Scandinavian country wishes to give individuals copyright on their own face, voice and physical traits. The objective is to legislate against non -consented Deepfakes, by allowing the persons concerned to demand the withdrawal of the content generated by artificial intelligence and to claim compensation. However, parodies and satires would remain exempt. This initiative, carried by a transpartisan coalition, could come into force at the end of the year or early 2026. And flourish in Europe. Danish Minister of Culture, Jakob Engel-Schmidt, does not hide his European ambition: these proposals will be presented as part of the Danish Presidency of the Council of the European Union.
What issues raise this reform?
The first issue is that of legal security in the face of social desirability. Extending copyright to the physical image constitutes an unprecedented precedent: should we consider this new law as heritage, likely to generate income, or as a moral right, attached to the dignity of the person? The Danish model seems to combine both approaches. He gives individuals an enforceable law before civil courts-with the possibility of deleting content and damages-without going to direct criminal sanctions. On the other hand, the platforms which would refuse to comply with the demands of a citizen could be confronted with significant fines. Furthermore, the reform has taken care to explicitly exclude certain forms of expression deemed legitimate, such as satire, parody or public debate. This choice reflects a desire to balance the protection of personal integrity with respect for freedom of expression.
The second issue is due to complementarity with the existing legal framework. So far, the victims of Deepfakes could rely on several devices: the right to the image and the law of the personality, which make it possible to oppose the undisputed use of its image; The “Right of Publicity”, well known in the United States, which protects against unauthorized commercial exploitation; Or the right to privacy, which includes the notion of “false light” when an image deforms reality to the point of undermining reputation. These instruments offer a certain protection, but often remain difficult to activate, in particular in the face of non -pornographic or politically sensitive Deepfakes. It is precisely this void that the new Danish copyright aims to fill.
Finally, the third issue concerns the European framework and digital regulation. AI Act, recently adopted, already imposes on actors in the artificial intelligence of transparency obligations, in particular to report synthetic content. However, the very legal definition of “deepfake” remains unclear, which leaves gray areas in the application of the text. The Danish reform therefore comes to offer a more concrete and operational response to this gap. It is also an extension of Digital Services Act, which requires large digital platforms a rapid reaction to illegal content. But here again, the Danish project goes further: it adapts this general logic to the sensitive field of digital identity, where the face and voice become new objects of law.
At a time when Deepfakes are starting to proliferate, especially in the political sphere, creating risks for reputation, democracy and private life, the Danish proposal represents an interesting advance. It tends to establish an explicit right on the use of personal traits in the face of artificial intelligence, where the classic instruments of law seem to reach their limits.
