Deepfake Porn and AI-Generated Explicit Content in Singapore: Is It Illegal and What Victims Can Do

“Have you ever wondered if that explicit image or video you’ve seen online is real or AI-generated?”

In today’s digital world, the line between reality and AI-created content is increasingly blurred, especially in explicit material.

The rise of deepfake porn and AI-generated explicit content has become a global and local concern, sparking fears in Singapore over non-consensual intimate images and scams involving artificial content. From ordinary citizens to high-profile celebrities (e.g. Taylor Swift and K-pop Stars), victims of AI-powered scams often face legal uncertainty, unsure of their rights or how to protect themselves.

This article explores the world of deepfake pornography and AI-generated explicit content in Singapore, shedding light on its legal status, victim implications, and ways to combat this growing threat. Whether you’re seeking protection or just staying informed, understanding deepfake pornography and AI porn is a must in today’s digital world.

The Reality of AI Technology Today

Take a moment to study this photograph above. The young Asian woman in the image appears completely real - with natural-looking features, a gentle smile, dark hair, and even subtle details like skin texture and realistic lighting. Her expression is warm and professional, wearing what appears to be a green collared top against a natural background.

Yet, this person has never existed! This entire image was generated in seconds using artificial intelligence at thispersondoesnotexist.com.

⚠️ Why This Matters

Deepfake technology and AI-generated content blur the line between reality and fabrication, posing serious risks. If AI can instantly create lifelike images of non-existent people, imagine how easily it can manipulate photos of real individuals.

📱 The Growing Arsenal of AI Tools

Tools like thispersondoesnotexist.com, Generated Photos, and NightCafe can create highly realistic faces or modify existing images, sometimes based on just a text description. The rapid advancement and widespread availability of such technology make it increasingly challenging to distinguish genuine content from AI-generated fabrications.

This sobering reality brings us to an important question:

“What exactly are deepfake porn and AI-generated explicit content”; and

“What legal protections exist in Singapore?”

Let’s examine these issues in detail.

Types of Deepfake Porn and AI-Generated Explicit Content

The rapid increase of deepfake technology and AI-generated explicit content has skyrocketed in recent years, both globally and in Singapore. This surge has brought with it a host of concerns and challenges.

To grasp the full scope of this issue, it’s crucial to understand the key terms:

What are Deepfakes?

Deepfakes are realistic, computer-made videos or images that use advanced technology to manipulate or generate content. While commonly known for face-swapping, deepfakes can also:

• Create entirely new faces (as shown in the image above)
• Alter existing images or videos
• Manipulate voices and speech
• Generate synthetic movements and expressions
• Create completely artificial scenarios

They can be used for harmless purposes but also have potential for serious harm, especially when used to create non-consensual explicit content (i.e. deep fake pornography).Examples of general deepfakes include:

• A video of a celebrity appearing to speak a language they don’t know
• A politician seemingly making statements they never actually said
• Historical figures brought to life in educational videos

⚠️ Important Note!

While deepfake technology itself isn’t inherently illegal and can have legitimate applications in fields like entertainment and education, its use in creating non-consensual pornographic content is where legal and ethical lines are crossed.

What is Deepfake Porn?

Deepfake porn however, is a specific, malicious application of deepfake technology in the realm of explicit content. It involves:

• Using AI to superimpose a person’s face onto existing pornographic content without their consent
• Creating highly realistic videos or images that appear to show the victim engaging in sexual acts they never participated in

Examples of deepfake porn might include:

• A person’s face convincingly placed on the body of an adult film or pornography actor
• An ex-partner’s likeness used in explicit content for revenge purposes

⚠️ Deepfakes and Online Harassment

Deepfake porn often intersects with other online harassment forms, like doxxing and revenge porn. While revenge porn uses real intimate content of a person, deepfakes fabricate explicit material that can appear just as real. Personal information obtained through doxxing can make these deepfakes more convincing, intensifying harm to victims.

** Imagine this scenario**: A victim’s personal photos from social media are combined with information like their job title and workplace, obtained through doxxing. A deepfake video is then created, showing the victim in what appears to be their office, engaging in explicit R-rated XXX behaviour. This false context makes the deepfake seem disturbingly credible, damaging their reputation and causing immense emotional distress.

What is AI-Generated Explicit Content (AI Porn)?

While similar to deepfake porn, AI-generated explicit content (often referred to as AI porn) has some distinct characteristics:

• It refers to sexually explicit material created entirely by artificial intelligence, rather than manipulating existing content
• This can include images, videos, or even text, often designed to depict specific individuals in sexual scenarios
• Unlike deepfake porn, which alters existing content, AI porn creates new content from scratch using advanced algorithms

Examples of AI-generated explicit content might include:

• Completely fabricated nude images of a person, created solely by AI
• Explicit written stories featuring real people, generated by AI language models
• Synthetic adult videos featuring AI-created performers who don’t exist in real life

🚫 Warning!

Deepfake porn and AI-generated explicit content without consent are considered serious violations of privacy and can lead to severe consequences for victims.

Both deepfake porn and AI-generated explicit content use sophisticated machine learning techniques to produce increasingly realistic and convincing results. This makes it increasingly difficult for viewers to distinguish between real and fake content, amplifying the potential for harm and misuse.

The Rise of Deepfake Porn and AI-Generated Explicit Content

The proliferation of deepfake porn and AI-generated explicit content has become a global phenomenon, with Singapore experiencing its own share of this troubling trend.

1. Global Trends

   Worldwide, the creation and distribution of deepfake porn have seen an alarming increase:

• In 2019, deepfake detection company Deeptrace found that 96% of deepfake videos online were pornographic.
• By 2023, the number of deepfake videos online had grown by 900% since 2019, reaching over 95,000 videos.

2. The Singapore Scenario

   Despite our strict laws and regulations, Singapore has not been immune to this global trend:

• Increasing Reports: The Singapore Police Force has noted a rise in cases involving deepfake porn and AI-generated explicit content scams.
• Cross-Border Nature: Many of these scams originate from outside Singapore, complicating enforcement efforts.

High-Profile Cases

Several notable incidents have brought this issue to the forefront in Singapore:

1. Political Figures

   In 2024 earlier this year, several Members of Parliament, including Foreign Affairs Minister Vivian Balakrishnan, received extortion letters containing manipulated obscene photos.

2. Celebrity Victims

• International stars like Taylor Swift have fallen victim to deepfake pornography, with their likenesses used in non-consensual explicit content.
• The K-pop industry, which has a significant following in Singapore, has seen numerous instances of deepfake porn targeting its K-pop stars.

Impact on Ordinary Citizens

While high-profile cases grab headlines, ordinary Singaporeans are increasingly finding themselves victims of these technologies:

• Social Media Exploitation

  Scammers use publicly available photos from social media to create deepfakes for extortion purposes.

• Dating App Scams

  There’s a rising trend of scammers using AI-generated profile pictures on dating apps to lure victims.

• Workplace Harassment

  Cases of colleagues or ex-partners creating and sharing deepfake porn as a form of harassment have been reported.

As these technologies become more sophisticated and accessible, the potential for misuse grows, posing significant challenges for law enforcement, policymakers, and society at large.

Current Legal Status of Deepfake Porn and AI-Generated Explicit Content in Singapore

While Singapore does not have specific laws targeting deepfake pornography or AI-generated explicit content, several existing laws can be applied to address these issues:

1. Protection from Harassment Act (POHA)

The Protection of Harassment Act (POHA) can be invoked in cases where deepfake porn is used for harassment or causing distress. POHA provides various remedies, including Protection Orders (PO), which can be crucial in cases of deepfake porn harassment.

• Section 3 of the POHA Act: Prohibits threatening, abusive, or insulting communication intended to cause harassment, alarm, or distress

  Example:_ If someone creates a deepfake porn video of you and sends it to your colleagues with threatening messages._

• Section 4 of the POHA Act: Covers acts likely to cause harassment, alarm, or distress, even without intent.

  Example:_ Posting a deepfake porn video of someone on social media, even without explicitly threatening them, as it’s likely to cause distress._

• Penalties: Fines up to S$5,000 and/or imprisonment up to 6 months, with doubled penalties for repeat offenders.

For a deeper understanding of POHA and how it can protect you from various forms of harassment, including those involving deepfake porn, read our other article here - “Protection from Harassment Act (POHA): A Guide to Harassment Law and Protection Orders in Singapore”.

2. Penal Code

Several sections of the Penal Code can be relevant to deepfakes pornography:

• Section 377BE of the Penal Code: Criminalises the distribution of intimate images without consent.

  • Covers intentional distribution or threats to distribute intimate images or recordings.
  • Penalties include fines, caning, and/or imprisonment up to 5 years.
  • More severe penalties if the victim is under 14 or shares an intimate relationship with the perpetrator.

  Example:_ Creating and threatening to distribute a deepfake porn video of an ex-partner unless they pay money._

• Section 377BD of the Penal Code: Criminalizes possession of or gaining access to intimate images or recordings.

  Example:_ Merely possessing deepfake porn videos on your device, even if you didn’t create them._

• Section 292 of the Penal Code: Governs the sale of obscene materials, including electronic distribution.

  • Penalties include up to 3 months’ imprisonment and/or fines.

  Example:_ Sharing deepfake porn videos in a WhatsApp group or selling access to a website with such content._

3. Films Act

The Films Act can also be applied to deepfake videos:

• Section 29 of the Films Act: Prohibits possession of obscene films.

Example:_ Creating a deepfake porn video, even if you don’t distribute it, could be an offence._

• Section 30 of the Films Act: Criminalizes distribution or public exhibition of obscene films.

  • Penalties: Fines up to S$20,000 and/or imprisonment up to 6 months.

  Example: A recent case in Singapore highlights this law’s potential application. Several Members of Parliament received extortion letters with manipulated obscene photos, raising questions about whether these could be classified as “films” under the Act. This incident underscores rising concerns over deepfake porn used in blackmail and harassment, even against public figures. Read the full article here.

❗ Important Note on Pornography in Singapore

While watching pornography is not illegal in Singapore, possessing, downloading, or sharing pornographic material is prohibited. This adds another layer of complexity to cases involving deepfake porn. To learn more about the legal consequences of pornography in Singapore, read our detailed article: Is Porn Banned in Singapore? Legal Consequences of Watching and Filming Porn.

4. Copyright Act

While the Copyright Act may not directly protect victims of deepfake porn, it could potentially be used to take down videos based on existing copyrighted material. However, there are notable limitations:

• Ownership Issues: Victims often don’t own the copyright to images used in deepfakes, limiting their ability to bring copyright claims.

• Proof of Use: Proving that copyrighted material was used to train an AI model is difficult.

  As discussed in the Singapore Law Gazette: “Until we have a definitive court ruling (or legislative amendment), it remains an open question in Singapore and around the world whether defences like fair use or the computational data analysis exemption apply to the use of copyrighted works for training.”

• Identification Challenges: Tracking down the creator of an anonymous deepfake can be challenging.

• Fair use defences: In some cases, deepfakes might be protected under fair use, particularly for parody.

For example,

The TikTok account @deeptomcruise, which posts parody deepfakes of Tom Cruise engaging in un-Cruise-like activities.

Additionally, Singapore’s copyright law requires human authorship for protection, leaving AI-generated works in a legal grey area. These limitations emphasise the challenges of using copyright law to address deepfake porn, underscoring the need for more targeted legislation as AI technology rapidly evolves.

Current Challenges and Future Outlook for Deepfake Porn Cases in Singapore

Singapore faces several hurdles in tackling deepfake porn:

Challenge 1: Tech Complexity

AI evolves faster than laws. LawTech.Asia highlights the “hyper-realism” of deepfakes as a key legal challenge.

Challenge 2: Cross-Border Issues

Many creators operate overseas. Withers Worldwide notes this complicates enforcement.

Challenge 3: Proving Intent

Sophisticated deepfakes make malicious intent hard to prove. The Singapore Law Gazette explores this complexity.

Challenge 4: Victim Hesitance

Many are reluctant to come forward. Channel News Asia reports on the emotional toll victims face.

Singapore’s Legislative Response to AI Challenges and Deepfake Threats

• A new bill has been passed to ban political deepfakes during elections, prohibiting the publication of digitally manipulated content of candidates from the time the Writ of Election is issued to the close of polling.

• IMDA has issued an Online Safety Code that took effect from 18 July 2023, requiring designated Social Media Services to enhance online safety in Singapore and curb the spread of harmful content on their platforms.

• Social Media Platforms’ Response

  Major platforms are also implementing their own safeguards. According to Meta’s announcement:

1. They will expand labeling of AI-generated content
2. They will require users to label realistic AI-generated content
3. They will apply “Imagined with AI” labels to content from major AI providers
4. Content detection systems will identify and label AI-generated images

These initiatives by social media platforms complement Singapore’s regulatory framework in the fight against harmful AI-generated content.

📱 Did you know?

The Online Safety Code applies to major social media platforms in Singapore, including Facebook, Instagram, TikTok, Twitter, YouTube, and even HardwareZone! These platforms must now take active steps to protect users, especially children, from harmful content.

As AI advances, Singapore laws must keep pace. The increasing threat of deepfakes underscores the need for Singapore’s legal framework to adapt quickly and effectively to protect potential victims and maintain the integrity of public discourse.

What Victims of Deepfake Porn and AI-Generated Explicit Content Can Do

If you find yourself a victim of deepfake porn or AI-generated explicit content in Singapore, take these steps:

1. Document Everything: Save screenshots, messages, and any evidence of the content or threats.

2. Report to Authorities: File a police report immediately - Singapore Police Force or dial 999

3. Contact Social Media Platforms: Report the content to social media platforms for removal. Most have specific procedures for such cases.

   🆘 Need Assistance?

   You may click the following links to report directly to the platform if you’re a victim seeking assistance: Facebook, Instagram, Twitter. Alternatively, contact us at Guardian Law and we will handle the whole process for you.

4. Seek Legal Advice: Consult a lawyer to understand your options for civil action.

5. Get Support: Reach out to support services for counselling and guidance.

📞 Support Hotlines

AWARE Helpline: 1800 777 5555, SHECARES@SCWO: 6571 0190

6. File a Protection Order: In cases where deepfake porn is used as a form of abuse or harassment, victims have different legal options depending on their relationship with the perpetrator:

   1. For non-family situations (e.g., ex-partners, colleagues, or strangers), victims can apply for a Protection Order under the Protection from Harassment Act (POHA). For example, if an ex-partner creates and threatens to distribute deepfake porn as a means of control or revenge, the victim can seek a POHA Protection Order to legally prohibit such actions.

   2. In domestic abuse situations involving family members, victims might consider a Personal Protection Order (PPO) if the deepfake porn is part of a broader pattern of family violence.

For more information on the various types of Protection Orders in Singapore and which might be relevant to your case, read our article - “Singapore’s Legal Protections: POHA Protection Orders (PO) vs Family Violence (PPO)“.

⚖️ Did You Know?

The Community Justice and Tribunals System (CJTS) allows you to file applications for Protection Orders online.

Remember, you’re not alone in this fight. Seek help and take action to protect your rights and well-being.

How Guardian Law Can Help

Navigating the legal landscape of deepfake porn and AI-generated explicit content can be challenging. Guardian Law offers vital support for victims pursuing justice through civil channels:

• Civil Law Expertise: Tailored advice on non-criminal actions against content creators or distributors.
• Protection Orders (POHA): Assistance with filing for Protection Orders under the Protection from Harassment Act (POHA).
• Evidence Support: Help in compiling digital evidence for a strong case.
• Privacy Focus: Ensuring your privacy and confidentiality throughout the process.
• Platform Engagement: Liaising with social media and content platforms to expedite removals.
• Compensation Claims: Assistance with seeking damages for emotional distress and reputational harm.

While we don’t handle criminal cases, Guardian Law provides dedicated civil support to help you reclaim your digital identity and pursue redress for the harm caused by deepfake content. Taking civil action is a powerful way to assert your rights and complement any ongoing criminal proceedings.

Conclusion

The rise of deepfake porn and AI-generated explicit content brings new challenges in the digital age. While Singapore’s legal framework is evolving to address these threats, victims have recourse through criminal and civil protections.

Swift action is essential—document evidence, report incidents, and seek legal help. Support services are available to guide you through the emotional and legal challenges.

As technology advances, so must our approach to combating these digital risks. Stay informed, vigilant, and don’t hesitate to seek help if needed.

Need Help?

Are you a victim of deepfake porn or AI-generated explicit content? Our team at Guardian Law is here to assist you. Feel free to reach out to us through any of the following channels:

Contact us here or Whatsapp us and we will get back to you within 1 working day.

We are here to help!

Frequently Asked Questions

Is deepfake porn illegal in Singapore?

While there's no specific law against deepfake porn in Singapore, it can be prosecuted under existing laws. The Protection from Harassment Act (POHA), Penal Code Section 377BE (distribution of intimate images), and the Films Act can all be applied to deepfake porn cases, depending on the specific circumstances.

What should I do if I'm a victim of deepfake porn in Singapore?

First, document all evidence by taking screenshots and saving any messages or links. Report the incident to the police and contact relevant platforms for content removal. Seek legal advice to understand your options for civil action, such as applying for a Protection Order under POHA or pursuing damages.

Can I sue someone for creating deepfake porn of me in Singapore?

Yes, you can pursue civil action in Singapore. You may seek damages for emotional distress, reputational harm, and other injuries. Additionally, you can apply for a Protection Order under POHA to prohibit the creation, possession, or distribution of such content.

What is the punishment for creating or sharing deepfake porn in Singapore?

The punishment for creating or sharing deepfake porn in Singapore can vary depending on the specific circumstances and applicable laws. Criminal charges may result in fines, imprisonment, or both. Civil actions may lead to damages for emotional distress, reputational harm, and other injuries.

Is wathcing AI-generated porn illegal in Singapore?

While watching isn't illegal, possessing, downloading, or sharing pornographic material, including AI-generated content, is prohibited in Singapore. Under the Films Act, possession of obscene films (which could include deepfake videos) can result in fines up to S$20,000 and/or imprisonment up to 6 months.

How can I protect myself from becoming a victim of deepfake porn?

Be cautious about sharing personal images online and use strong privacy settings on social media. Regularly monitor your online presence and set up Google alerts for your name. Consider watermarking your photos and being selective about who you share images with, especially intimate ones.

Can deepfake porn be used as evidence in court in Singapore?

Deepfake content can be submitted as evidence, but its authenticity must be verified through forensic analysis. Courts may require expert testimony to determine if the content is genuine or manipulated. The weight given to such evidence will depend on its reliability and relevance to the case.

Are social media platforms responsible for removing deepfake porn in Singapore?

While not legally obligated, many platforms have policies to remove such content when reported. Singapore's Infocomm Media Development Authority (IMDA) is developing new guidelines for social media services to counter digitally manipulated content. Users should report deepfake porn to platforms immediately for swift action.