Denmark is set to become the first country in Europe to give individuals full legal control over the use of their face, voice, and likeness in digital content, including AI-generated deepfakes. A new copyright reform proposed in June 2025 seeks to address the growing threat of synthetic media by creating legal protections that treat a person’s physical identity as property. This shift comes amid increasing concern over how generative AI is being used to imitate real people without consent, often for misinformation, harassment, or exploitation. The proposal has received cross-party support and is expected to reshape how platforms, performers, and the public engage with AI-generated content online.
THE NEW LAW AT A GLANCE
- Personal “Imitation Protection”: Citizens would gain legal rights to their own physical appearance, voice, and identity traits—protecting against nonconsensual AI-generated simulations.
- Artistic and Performance Rights: Performing artists receive protection from AI-generated content that mimics their performances—spanning beyond typical copyright thresholds.
- Legal Enforcement: Individuals could request removal of deepfake content and seek civil compensation under Danish law. Meanwhile, platforms failing to comply face “severe fines”, possibly enforced through the EU’s Digital Services Act.
- Parody and Satire Exemptions: The law explicitly protects artistic expressions like parody and satire to preserve freedom of speech.
WHY THIS LEGISLATION MATTERS?
1.Responds to AI’s creative overreach–
With AI tools capable of mimicking facial expressions and voice with startling realism, deepfakes are contributing to misinformation, reputational damage, harassment, and identity theft. Denmark’s legislation takes a pre‑emptive approach rather than reacting to specific harms.
2. Reframing digital identity as personal property–
By framing the human likeness as copyrightable, Denmark positions the body, voice, and image as legal assets, granting individuals direct legal standing. This reframing shifts the debate from data control to identity sovereignty.
3. Platform liability now stronger–
Rather than relying on voluntary takedowns, platforms operating in Denmark will be legally obligated to remove unauthorized deepfakes—or face fines and EU-level consequences.
4. Sets a European precedent
Denmark’s upcoming EU presidency provides a platform to promote this approach across the continent. This law may inspire broader reforms aligning with the EU AI Act and Digital Services Act.
LEGISLATIVE TIMELINE
- Consultation: Denmark will submit the draft amendment for public consultation before its summer recess.
- Debate and Passage: Expected in late 2025 or early 2026.
- Enforcement Begins: Likely in the fall of 2025, with full alignment under EU regulations by early 2026.
BROADER GLOBAL CONTEXT
While Denmark’s approach is groundbreaking in scope, other regions have enacted narrower—but growing—legal protections:
- United States: Legislation such as the Take it Down Act criminalizes non‑consensual deepfakes, especially those of minors, and enforces rapid removal obligations.
- Regional US laws: States like Tennessee passed the ELVIS Act to regulate voice cloning and simulation.
- Current EU AI Act (in force since 2024) mandates transparency obligations for generative AI, but lacks explicit identity‑centric protections. Denmark’s amendment may fill that legal gap.
ETHICAL & PRACTICAL REFLECTIONS
- Empowerment through consent: Individuals retain agency over how their likeness is used, revoking consent as needed.
- Potential enforcement challenges: Critics warn that without fast and fair mechanisms, enforcement may be slow or burdensome—limiting the law’s efficacy.
- Balancing speech and privacy: Exempting satire is essential, but drawing the line between parody and harmful deepfakes may prove legally complex. Civil courts will likely decide on a case-by-case basis, balancing identity rights and freedom of expression.
- Global implications: As deepfake capabilities continue to grow, the notion of copyright-managed identity could become a model for other countries—and platforms.
FINAL THOUGHTS
As AI capabilities escalate, Denmark’s deepfake legislation is a bold, ethically minded attempt to recenter the individual in the AI age. By granting citizens a legal shield over their own image, voice, and identity, and insisting that platforms bear responsibility for unauthorized use. Denmark redefines digital rights for the 21st century. This initiative stands as a testament to responsible, rights-focused AI policy that other governments and advocates will surely watch closely.
REFERENCES
TO READ THE ENGLISH TRANSLATION OF THE PROPOSAL, VISIT THIS.
To read the original proposed bill, read here.
Danish Bill Proposes Using Copyright Law to Combat Deepfakes