Legal experts are raising concerns that Channel 4 may have violated the Sexual Offences Act 2003 following its recent documentary, “Vicky Pattison: My Deepfake Sex Tape,” which features AI-generated footage of Scarlett Johansson in lingerie. The segment in question shows Johansson lying back on a bed adorned with underwear and heart-shaped petals, accompanied by a voiceover that discusses the use of AI to create explicit content involving celebrities like Scarlett Johansson and Margot Robbie.
The documentary illustrates a growing trend in nonconsensual, AI-generated pornography, prompting lawyers to suggest that Channel 4’s decision to air this type of content could constitute a violation of the law. The Sexual Offences Act explicitly forbids nonconsensual sharing of computer-generated imagery that depicts individuals in revealing or explicit situations. Clare McGlynn, a legal expert specializing in pornography regulation, commented, “It could, I think, breach the Sexual Offences Act if this were a deepfaked image of someone taken without their consent, because it is an image that falls within that act.”
This incident concerning Scarlett Johansson is particularly notable given her vocal opposition to the sharing of such deepfake images. Johansson has previously described this form of image manipulation as “demeaning” and expressed her frustrations over the ease with which her likeness can be altered and used without consent. She has remarked, “Nothing can stop someone from cutting and pasting my image or anyone else’s on to a different body and making it look as eerily realistic as desired.”
McGlynn added, “Scarlett Johansson was one of the very first celebrities to ever be subject to deepfake sexual abuse. She has had to live with this since 2017/18, so if it’s a deepfake without her consent, then I think showing it isn’t the best editorial decision, because you risk reproducing the harm and humiliation she has long experienced.” This acknowledgment underscores the serious implications of using an AI-generated image of Johansson without her consent.
While some legal experts argue that Channel 4 may have violated the law, they also suggest that the network might defend its actions by claiming a “reasonable excuse.” This rationale hinges on the assertion that the documentary aims to raise awareness about deepfake pornography. Alice Trotter, an associate lawyer at Kingsley Napley, stated, “That would be left up to the courts to decide. There are also exemptions … one of which is if the person who shared the image reasonably believed it had previously been publicly shared, and the individual in the picture had consented to the previous sharing or it was reasonably believed that they had.”
This controversy comes amid broader discussions surrounding the ethical use of deepfake technology in media. Campaign groups representing victims of deepfake abuse have criticized Channel 4’s inclusion of AI-generated pornography, asserting that it demonstrates a fundamental misunderstanding of the real-life harm associated with such content. One campaigner, who chose to remain anonymous, stated, “Using that image shows a real lack of understanding about the issue and the real life harm that it causes.”
The campaigner further expressed that, although Channel 4 might argue their intent was in the realm of awareness-raising, viable alternatives exist that do not involve perpetuating the same harm they aim to address. “It’s not just about nudity, and that is laid out in the Sexual Offences Act. It’s about the violation of someone’s identity and autonomy, and their consent. It all comes back to consent,” the advocate noted.
Lawyers have expressed concerns that showcasing potentially illegal images could undermine efforts to reform laws governing deepfake content. McGlynn, who participated in the documentary without a full understanding of its production, remarked on her regret regarding the focus of the discussion. “I think the thrust of the programme – trying to shine a light on this issue – was really positive,” she said, adding, “My biggest regret with how Channel 4 have gone about it is that this [the ethics/legality of using deepfake imagery of a celebrity] is the nature of the conversation we are having, rather than the documentary having sparked a bigger discussion.”
As the scandal unfolds, it raises significant questions about the responsibilities of media companies in handling sensitive technologies like deepfakes. A Channel 4 spokesperson asserted their adherence to laws and regulations, explaining, “Celebrities worldwide have been impacted by the rise in deepfake pornography.” They claimed that they took steps to only identify celebrities who are recognized victims and blurred any explicit content. Scarlett Johansson was contacted for her comment but has yet to respond.