Legal Considerations
Threats and regulatory challenges of non-consensual pornographic deepfakes: An analysis of the Colombian case.
Open Access: Yes.
Abstract
The proliferation of non-consensual pornographic deepfakes has raised ethical, legal, and social concerns worldwide. This form of gender-based violence violates fundamental rights such as sexual freedom, dignity, privacy, and reputation, and disproportionately affects women. This article examines the regulatory challenges posed by non-consensual pornographic deepfakes in Colombia, where current policies and legal responses remain fragmented and insufficient. Using Lawrence Friedman’s tripartite model of legal systems, which considers legal structure, legal substance, and legal culture, the study identifies institutional limitations, legal gaps, and cultural barriers that undermine effective victim protection. Drawing on comparative legal frameworks from jurisdictions that criminalize synthetic sexual content, the paper proposes guiding principles for adopting clear criminal legislation in Colombia. It argues that reform must extend beyond criminal definitions to include institutional coordination, victim support services, and public awareness campaigns, offering a comprehensive and multidisciplinary response. Based on a documentary review of legal, doctrinal, and news sources, the analysis concludes that Colombia urgently needs legislation tailored to online sexual violence, while also embracing technological and educational measures to mitigate harm. This approach aims to build a rights-based legal response to an unregulated digital environment and to protect victims’ dignity and autonomy.
Relevance
Non-consensual deepfake pornography primarily targets and harms women. Necessary reforms in Columbia to address this harm include: strengthening institutional capacity and coordination; promoting inter-institutional collaboration such as the judiciary, Attorney General’s office, and Ministry of Equality and Equity; specialized training for judges, prosecutors, and police on the technological, psychological, and gendered dimensions of deepfakes; partnerships with private technology companies to improve enforcement capabilities; enacting a clear and autonomous criminal provision that addresses this conduct directly; and promoting a cultural shift that highlights the human rights violations posed by non-consensual pornographic deepfakes, especially in cases involving women, where harms to autonomy, dignity, and intimacy are particularly acute; and recognizing and protecting digital rights, such as the right to digital identity, the right to digital reputation, the right to virtual privacy, and the right to be forgotten.
Citation
Guerrero-Sierra, H. F., Palacio Puerta, M., & Garavito Rincón, D. F. (2025). Threats and regulatory challenges of non-consensual pornographic deepfakes: An analysis of the Colombian case. Cogent Social Sciences, 11(1). https://doi.org/10.1080/23311886.2025.2552342
