Legal options for victims of deepfake porn explained by CNA

The increasing prevalence of deepfake technology has brought devastating consequences, particularly for victims of manipulated explicit content. In Singapore, recent incidents involving students from the Singapore Sports School and high-profile extortion cases highlight the urgent need for robust legal, social, and psychological frameworks to combat this issue.

This article explores the current legal remedies available to victims, avenues for emotional and psychological support, and what more can be done to address the deepfake crisis.

Legal Recourse for Deepfake Victims in Singapore:

Applicable Laws for Deepfake Pornography

Victims of deepfake pornography in Singapore are protected under several legal frameworks:

1. Penal Code Provisions:
   • Section 377BH: Producing deepfake content involving individuals under 16 years old constitutes child abuse material, punishable by up to 10 years of imprisonment, fines, or caning.
   • Section 377BE: Distributing intimate images of individuals aged 16 and above carries a jail term of up to five years, with potential fines and caning.
2. Protection from Harassment Act (POHA):
   • Victims can file a POHA application to obtain protection orders against perpetrators. This includes removing the offending content and prohibiting further dissemination.
3. Films Act:
   • Possession or creation of obscene deepfake videos is an offence under this Act, further broadening the scope of legal repercussions.
4. Online Criminal Harms Act (OCHA):
   • Authorities can direct online platforms to disable harmful content, streamlining the removal of explicit deepfake images.

Challenges in Enforcement

While these laws provide a robust framework, practical enforcement remains a challenge. Perpetrators can distribute content across global platforms, making it nearly impossible to track and remove every instance of harmful material. Victims often find it frustrating to navigate the legal system while dealing with the emotional fallout of the incident.

Psychological Impact and Support Mechanisms for Victims:

Emotional Repercussions

Victims of deepfake pornography often experience:

• Betrayal and violation of their trust and privacy.
• Shame and self-blame, especially among young individuals.
• Psychological distress from the perpetual circulation of explicit content online.

The knowledge that the content may never be fully eradicated exacerbates feelings of helplessness, leading to long-term mental health issues such as anxiety, depression, and diminished self-esteem.

Support Resources

Victims are encouraged to:

• Report the incident to authorities: Filing a police report initiates investigations and legal proceedings.
• Seek psychological support: School counsellors, psychologists, and support organizations like TOUCH Community Services and Samaritans of Singapore (SOS) offer tailored assistance.
• Build coping strategies: Psychologists recommend creating a “sphere of influence” list to focus on controllable actions, reducing anxiety about uncontrollable factors.

Digital Safety Measures

Victims can strengthen their digital presence by:

• Enhancing privacy settings on social media accounts.
• Using pseudonyms to distance themselves from harmful content.
• Joining support groups for shared experiences and advocacy opportunities.

Government and Community Efforts to Combat Deepfakes:

Existing Measures

1. Online Safety Act: Mandates social media platforms to block access to harmful content, with substantial penalties for non-compliance.
2. New Government Agency: Announced by Prime Minister Lawrence Wong, this agency expedites the removal of harmful online content, bypassing lengthy court processes.
3. Legislation Evolution: Law Minister K. Shanmugam emphasized the need for dynamic laws to address the ever-changing digital landscape.

Proposed Enhancements

1. Educational Workshops:
   • Implement programs in schools to educate students about the ethical, legal, and psychological implications of deepfake technology.
   • Promote digital literacy to help young people identify and report harmful content.
2. Dedicated Hotlines and Platforms:
   • Establish easily accessible reporting channels for victims and bystanders.
   • Provide immediate guidance on legal and therapeutic resources.
3. Holistic Support Systems:
   • Develop comprehensive frameworks that include counseling, legal aid, and advocacy for victims.
   • Encourage community-led initiatives to reduce stigma and raise awareness about deepfake exploitation.

Conclusion:

The deepfake crisis is a complex issue requiring multifaceted solutions that combine legal action, psychological support, and preventive measures. While Singapore has made significant strides in addressing the problem through legislation like the Online Criminal Harms Act, gaps remain in enforcement and victim support.

By fostering education, building accessible support systems, and enacting proactive policies, Singapore can better protect individuals from the insidious effects of deepfake pornography. Victims need not face this alone—help is available, and ongoing efforts aim to empower them to reclaim their dignity and safety in an increasingly digital world.