Spain: new regulation to curb deepfakes in the field of honour

The Government has initiated a legal reform to update the protection of honour, privacy, and image in an environment marked by artificial intelligence. The new draft law incorporates the use of images or voices generated or altered by AI as a civil infringement, reinforcing protections against digital manipulation that could harm individuals.

Key points:

• Express recognition of digital manipulation: for the first time,the law incorporates the idea that recreating or modifying someone's appearance or voice using AI systems without their permission constitutes an unlawful interference with their personal rights.
• More protection for minors: the minimum age to authorise the use of one's own image is set at 16 years; additionally, even with authorisation, it will not be allowed if it affects their reputation or dignity.
• Response to recent incidents: the proliferation of manipulated content involving minors and women has highlighted the inadequacy of the current framework and accelerated the reform.
• Complement to criminal law: although other laws currently under consideration address deepfakes from a punitive perspective, this draft law defines their impact in the civil domain, focusing on the protection of fundamental rights.
• Control of image reuse on social networks: publishing personal photographs on a platform does not grant other users the right to disseminate them in other spaces or for unauthorised purposes.
• Objective of the reform: create a more robust framework to prevent audiovisual manipulation from harming reputations or affecting individuals' privacy.
• Next steps: the draft law is currently undergoing a public consultation, which will remain open until January 30, 2026. After this phase, it will continue its process as an organic law project in Congress and the Senate, with the possibility of amendments and the requirement of an absolute majority in the final vote, in a process expected to last several months.

Links: 

• Ministry news: The Government approves a new law on the right to honour, adapted to the digital environment
• Draft law: Draft Organic Law for the civil protection of the right to honour, personal and family privacy, and one's own image
• Regulatory impact analysis report: Regulatory impact analysis report

Article prepared by the TMT department of ECIJA Madrid.