Denmark takes a stand against deepfakes

Denmark is now taking a groundbreaking step by proposing legislation that protects both private individuals and artists against unauthorised use of digital replicas. This is being done through amendments and additions to the Copyright Act, which are proposed to enter into force on 31 March 2026.

Right to one's identity

Technological development has made it possible to create realistic content using artificial intelligence, and there are readily available tools on the internet and in the form of apps and programmes that can quickly create manipulated content of high quality. Artists, among others, are particularly affected, as the technology makes it easy for most people to copy and use artists' personal characteristics, including voice and appearance, in manipulated reproductions of their performances.

Against this background, the Danish government and several parties therefore reached a political agreement on 26 June 2025 to create protection against the dissemination of digital replicas by introducing two new protections in the Danish Copyright Act: a general protection against realistic digitally generated replicas of personal characteristics without consent, and a special protection for performing artists against replicas of their artistic performances.

Two new protections in the Danish Copyright Act

The proposed general protection means that realistic digitally generated replicas of a person's personal physical characteristics, such as appearance, voice and movements, may not be made available to the public without the consent of the person being replicated. The protection is proposed to apply during the lifetime of the person being replicated and for 50 years thereafter.

In parallel, a special protection is being introduced for the physical characteristics of performing artists in connection with their performances. This protection covers realistic digitally generated replicas of a performing artist's artistic performance. However, the protection does not cover, for example, television interviews where the artist appears as a private individual. Depending on the circumstances, such a replica may instead be covered by the general protection.

The protection shall only apply to making available to the public. This means that it is permitted to use realistic digitally generated replicas within the private sphere.

What is realistic?

By "realistic" is meant that the replica must be capable of creating a risk of confusion with the person being replicated. To the extent that the replica is clearly marked as artificially generated or manipulated, there will, as a starting point, be no risk of confusion. The term "digitally generated" is to be understood broadly and covers everything generated using technical aids, from sophisticated AI tools to simpler editing programmes.

Exception for freedom of expression

The proposed legislation contains an important exception: realistic digitally generated replicas that are primarily expressions of caricature, satire, parody, pastiche, criticism of power or social criticism are not covered by the prohibition, unless the replica constitutes disinformation that can specifically lead to serious danger to the rights or essential interests of others, such as life, health, privacy, reputation or property.

In assessing whether a replica is a caricature, consideration shall be given to whether it is clear that it is a caricature, which may include the graphic quality of the replica as well as words, actions, objects, places, persons and contexts that appear in the replica.

Legal remedies and sanctions

Infringement of the proposed protection for artists means that the replicated artist has the right to receive compensation for the damage caused by the infringement according to copyright compensation rules. A court may decide that copies that infringe both the general and the special protection shall be recalled from the market, permanently removed from the market, destroyed, handed over to the injured party or removed from the digital medium on which they have been made available.

It is important to note that infringements are not covered by the criminal provisions of the Copyright Act – instead, damages and compensation can be sought through the civil law system, where the injured party is responsible for pursuing the matter.

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Can similar legislation be introduced in Sweden?

Sweden has some regulation in this area through provisions on defamation, unlawful invasion of privacy and the General Data Protection Regulation. In addition, it follows from the Act on Names and Images in Advertising that consent is required to use another person's name and image in marketing. However, this protection is limited to names and images, and does not cover, for example, voices. At present, Sweden therefore lacks a corresponding general right to one's appearance and voice such as that proposed to be introduced in Danish legislation. Due to the rapid development of AI services and the problems with deepfakes, it is likely that more European countries, including Sweden, may introduce regulations that address these problems.

By way of comparison, it can be mentioned that the United States has chosen a different approach to the copyright one to curb nude images and sexual content. In May 2025, the TAKE IT DOWN Act (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act) was adopted, which criminalises deliberate publications of intimate visual depictions (both AI-forged and authentic) of adults or minors, where the motive is to cause harm and where the person has not given consent. This law also means that platforms ("covered platforms") must implement a process whereby the victim can submit a report to have the material removed within 48 hours.