Denmark Aims to Strengthen Personality Rights Against Deepfakes

Denmark is set to introduce a new initiative aimed at enhancing the protection of citizens' personality rights in light of the growing prevalence of deepfake technology. This proposal, which is expected to be presented before the summer recess of the Danish Parliament, seeks to establish a legal framework that will allow individuals to claim rights over their appearance, voice, and overall persona.

Starting from July 1, 2025, during its presidency of the EU Council, Denmark plans to take significant steps to safeguard personal identity against misuse through generative artificial intelligence. The proposed legislation aims to be a pioneering move that could influence similar policies across the European Union.

The Danish Culture Minister stated that the legislation will convey a clear message regarding individual rights to one's own body, voice, and facial features. Existing laws currently do not provide sufficient protection against the misuse of generative AI technologies, which can create realistic digital representations of individuals without their consent.

This new legal framework will extend beyond the conventional understanding of personality rights, which are already recognized in many jurisdictions. It will encompass the entirety of a person's appearance and mannerisms, classifying them as personal property that deserves protection. This aligns with the concept of 'likeness' in U.S. law, which allows individuals to license their image and identity. A notable example of this concept is the digital resurrection of iconic figures like Marilyn Monroe.

In Denmark, where bipartisan support for the initiative is anticipated, the proposal will also be integrated into copyright law. This integration will grant individuals enhanced rights over representations of their persona, simplifying the process for them to request the removal of unauthorized deepfakes from online platforms. Furthermore, the legislation is designed to protect artistic works that may have been digitally imitated, while ensuring that parodies or satire remain unaffected.

The Danish government's proactive stance on this issue reflects a growing recognition of the challenges posed by deepfake technology and the need for robust legal measures to protect personal identity in the digital age. As the debate over the ethical implications of artificial intelligence and digital manipulation continues, Denmark's initiative could serve as a model for other nations grappling with similar issues.