Deepfakes and cyberflashing: Europe sets the rule

2 min readConsent

Un téléphone posé face contre une table, écran éteint, dans une lumière chaude

Receiving an unsolicited intimate photo, or discovering a fake sexual montage of yourself generated by AI: it is neither a joke, nor “just the internet”.

What Europe provides for

Directive (EU) 2024/1385 requires every member state to punish:

  • Sharing intimate images without consent
  • Creating and sharing sexual deepfakes
  • Certain forms of cyberharassment and digital surveillance
  • Cyberflashing, that is sending unsolicited images of genitals, when it can cause significant psychological harm

It also requires free helplines, available 24/7.

Careful: it is not French law yet

A directive sets a goal. Each country has until 14 June 2027 to bring it into its own law. France therefore has no specific cyberflashing offence yet.

What is already punished in France

Sharing a sexual deepfake of a person without their consent is already an offence: up to 3 years in prison and a €75,000 fine when it is shared online (article 226-8-1 of the Criminal Code).

The right reflexes

  • Do not delete everything right away: take screenshots first (account, date, message).
  • Report it on the platform and on PHAROS.
  • The 3018 helpline supports victims of digital violence free of charge.

Sources