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by pjc50 1774 days ago
Note that this is already an offense in Scotland. https://www.legislation.gov.uk/asp/2016/22/section/2

> A person (“A”) commits an offense if—

> (a)A discloses, or threatens to disclose, a photograph or film which shows, or appears to show, another person (“B”) in an intimate situation,

> (b)by doing so, A intends to cause B fear, alarm or distress or A is reckless as to whether B will be caused fear, alarm or distress, and

> (c)the photograph or film has not previously been disclosed to the public at large, or any section of the public, by B or with B's consent

(my highlighting: "appears to show" would cover realistic fakes).

1 comments

Does an AI generated image fall under their definition of a photograph?
Other laws explicitly define pseudo-photographs (eg: https://www.legislation.gov.uk/ukpga/1978/37/section/7) so I would suggest that this law does not include photo-realistic computer-generated images.
A definition of photograph is not provided in the text of the act, but I would guess "appears to show" covers this. There will probably have to be a test case. That is, if it looks like or is claimed to be a photograph it's covered.
A real, light-capture photograph can be of an innocent situation appears compromising. Angles, hidden partitions, even a hand temporarily over the wrong place.

The "appears to show" applies to the act captured, not the medium, AFAICS.