Last week was Sex Plus Week, a week where Action Canada campaigns to encourage conversations, address misinformation and provide knowledge when it comes to sexual health. This year’s theme is: sexual health and AI (artificial intelligence) and Options for Sexual Health has been focusing on addressing AI misinformation. Options is also interested in providing people with tools to combat AI misuse. While the week has passed, the conversation about AI misuse and sexual health remains urgent and ongoing.
What are Deepfakes?
AI has been misused in recent years to create images called deepfakes. Deepfakes are photos that have been put into AI generators and turned into fake nudes or fake sexualized images or videos intended to look authentic. Deepfakes are often created without the consent of the person in the photo. Fake nudes are not new- photo-editing software has enabled people to make and misuse similar kinds of images before, but AI tools have made it much easier for more people to create fake nudes that look like authentic photos. Like nude photos, deepfakes are often used as a way to threaten people – by asking for something in return for the photos not being released publicly. For most people, intimate photos of themselves (fake or real) being released without their consent could be damaging to their social lives, mental health and overall wellbeing and sense of safety. Like non-consensual distribution of nudes, the distribution of deepfakes is against the law.
But what constitutes a fake “nude”?
Visual material (photos, videos and livestreams) are defined as “intimate” by B.C.’s Intimate Images Act if it includes:
- a person nude or nearly nude
- a person engaging in a sexual act
- visible genital organs, anal region or breasts of a person
What can you do if this happens to you?
What can you do if someone has created deepfakes of you? For starters, distribution of deepfakes is against the law, and the procedure is similar to what you could do if someone was sharing or threatening to share real nudes without your consent. This means that you can report it to the police. As well as reporting the crime, you may also choose to make a claim with the Civil Resolution Tribunal (CRT). With this claim, you would be able to “order” the person to take down and/or get rid of the deepfake. You may also choose to report this incident to any other organization that might be involved. For example: if you are a student, be sure to let a trusted teacher/principal know about the situation. If the person threatening you works at the same place as you, let your human resources department or boss know. If you are interested in pursuing legal actions, you can find resources at the Intimate Images Legal Advice Project. Although this project is over, their resources are still online to help connect victims of intimate image harassment with legal advice. If you do choose to take legal action, you will have to show “proof” and evidence of the deepfake. This may seem intimidating but really you just need to show how you know you are being threatened. This can include the actual deepfake, evidence of it being shared (texts, screen shots and witness statements), and evidence of being threatened.
What to keep in mind
- It’s not your fault. It’s easy to blame yourself when something like this happens, so it’s important to keep in mind that if someone created deepfake of you and threatened you, it is not your fault
- Talk to people you trust. Deepfake extortion can be overwhelming and can come with a lot of emotions, so it’s a good idea to have people to talk to about your emotions.
- AI altered material counts as intimate images and is just as illegal to distribute as non-altered nudes.
- Intimate images don’t have to show your face for you to report them.
- Consent is key. Even if you create a deepfake of yourself for fun and curiosity and you choose to send them to someone, that doesn’t mean that they then have the right to pass them along to anyone else without your consent. Who gets to see intimate photos of you (real or fake) is completely up to you – and consent can always be taken back at any point.
- Try to collect evidence of the deepfake. This can be witness statements, screen shots and texts.
- Contact the Intimate Images Protection Service. They offer numerous resources on what to do and who to contact if you are ever in this situation.
- Keep an eye on your social media. Although it’s not always realistic, if you can, it’s better to keep your social media profiles private. That way fewer people have access to photos of you that can be used to generate deepfakes. You can also keep an eye out on who is following you, and don’t ever be afraid to block and report people to the social media platform, if you are feeling unsafe about a follower.
- You have a right to confidentiality, to a degree. Some resources such as the police, if you choose to contact them, will most likely ask you for identifying information to be able to create a report. However, counseling resources or other resources aimed at helping with your mental health will allow you to share information confidentially if you choose to.
- Your choice is valid, no matter how you choose to proceed. There are many actions that people being threatened with deepfakes can take, and they vary in legal significance. Some people may choose to file a police report and pursue legal actions. Some people may choose to only access mental health resources. No matter what your choice is, please keep in mind that your choice is completely yours and valid. However, the way to get deepfakes that have been made public taken down, is by making a claim with CRT.
Although Sex Plus Week has ended, conversations about consent, safety, and AI continue year-round. If you or someone you know is experiencing intimate image abuse, support is available.
Resources That Can Help
Intimate Images Protection Service
https://www2.gov.bc.ca/gov/content/safety/public-safety/intimate-images/intimate-images-support Phone: 236-468-4381 or Toll-Free: 1-833-688-4381
Email: protectyourimages@gov.bc.ca
Hours of operation are 8:30am to 4:30pm, Monday to Friday
CLAS Intimate Images Legal Advice Project
https://clasbc.net/get-legal-help/stand-informed-legal-advice-services/intimate-images-legal-advice-project/
Phone: 604-673-3143 or Toll-Free 1-888-685-6222
standinformed@clasbc.net
RCMP
Non-emergency line (604-646-9999)
For emergencies: 9-1-1
Sex Sense information and referral service
https://www.optionsforsexualhealth.org/sex-sense/
Phone: 604-731-7803 or toll-free 1-800-739-7367
Hours of operation are 9 a.m. to 9 p.m., Monday to Friday
Source:
https://www2.gov.bc.ca/gov/content/safety/public-safety/intimate-images/intimate-images-consent