CNA Explains: What are the legal options for victims of deepfake porn?

SINGAPORE: Last week, it emerged that deepfake nude photos of Singapore Sports School students had been created and circulated by schoolmates.

This came on the back of politicians - including Foreign Affairs Minister Vivian Balakrishnan - receiving extortion letters with manipulated, obscene photos earlier in 2024. 

Experts have pointed to an "explosion" of deepfakes - created using artificial intelligence (AI) techniques to alter visual and audio content - as a recent and intensifying scourge. 

What are the legal options? 

Acts involving such doctored photos could constitute offences under the Penal Code, according to lawyers.

"As these are all serious arrestable offences, the police would investigate and if the perpetrator can be found, the matter would likely result in state prosecution," said Mr Cory Wong, director of Invictus Law. 

He pointed to specific sections under the Penal Code that could apply to the victims from the Singapore Sports School, who would range from 13 to 18 years old. 

Someone who produces deepfake AI porn with the face of a person below the age of 16 could be charged for intentionally producing child abuse material under Section 377BH of the Penal Code, said Mr Wong.

This carries a jail term of up to 10 years with the possibility of a fine or caning.

For distributing child abuse material, a person could be jailed up to seven years, and can also be liable to a fine or to caning.

If the victims are aged 16 or above, the offences could fall under Section 377BE of distributing intimate images, said Mr Wong. 

This section carries a jail term of up to five years, along with a possible fine and caning.  

Under the Protection from Harassment Act (POHA), those who intentionally cause harassment, alarm or distress could be charged as well. And this could apply to creators and distributors of deepfake pornography,  said Ms Tania Chin, director of the litigation department at TSMP Law.

Victims could also file a POHA application to get a protection order against a perpetrator. 

A protection order could include terms for a perpetrator to take down the content and to not publish or circulate the content, said Mr Wong. 

Still, he acknowledged that the victim would not be able to sue each social media user who further circulates the content, essentially rendering a protection order "pointless" in this scenario.

Under Singapore's Films Act, possession or creation of an obscene deepfake video could also be an offence.

How are deepfake victims affected? 

They can feel a deep sense of betrayal, violation, powerlessness and helplessness, said a psychologist and a counsellor CNA spoke to. 

"Victims may also experience intense feelings of shame or self-blame. They might internalise the harm and feel as though they triggered the acts or somehow could have stopped the incidents from occurring. This can lead to a distorted self-image and a loss of self-esteem," Dr Annabelle Chow said. 

"Young people, especially students, may worry if their peers have seen such photos, and how their peers will perceive them, further deepening their emotional distress."

In the case of the Singapore Sports School students, the publicity could exacerbate these feelings, said the principal clinical psychologist at Annabelle Psychology.

Punishing the wrongdoers might help with the psychological impact on victims. Yet with deepfakes, the content could continue to circulate indefinitely, Dr Chow noted.

Knowing this, and the inability to control or affect that recirculation, continues to cause victims psychological stress and harm.

Care Corner Singapore's principal counsellor Bettina Yeap said victims may fear the repercussions of such photos on their reputation and future, and feel they've lost control over their own image and even identity. 

How can a victim seek help or support? 

A starting point would be to make a police report, for authorities to start the investigation process. 

On the psychological front, Dr Chow advised victims not to keep their struggles and emotions bottled up, but to confide in loved ones or professionals.

"School counsellors are trained to support students through crises and help manage stressors and emotions. For some students, teachers can be their source of support for a listening ear and referral to professionals," she said.

"For prolonged experiences of shame, anxiety or mood difficulties, it would be recommended to seek therapy or counselling to build coping strategies and regain a sense of self-worth and trust in others."

Dr Chow also pointed to helplines such as the Samaritans of Singapore (SOS) and organisations like TOUCH Community Services, which offer tailored programmes for young people dealing with the emotional fallout of cyber exploitation.

Dr Chow also offered a tip for a coping mechanism: To write down all the tasks or items that are within a victim's “sphere of influence” and tick them off when completed. 

"Then tell yourself this: 'There are always going to be things that are not within my influence'," she said.

"Allow yourself to worry about these concerns, acknowledging that you've already done all that you can to address these concerns. After the scheduled worry time is up, try and continue your day with a fresh mind."

Ms Yeap meanwhile said victims could take steps to protect their digital presence by strengthening privacy settings or using a pseudonym to create some distance from what's being circulated.

"Consider joining a support group or online forum made up of people who have gone through similar experiences," she added. 

"Sometimes joining advocacy groups can allow the victim to take back some of that lost control and stand up for self in a different way."

What has Singapore done in this space? 

Laws have been passed to more effectively deal with harmful content online.

The Online Safety Act, for example, requires social media sites to block access to harmful content. 

Non-compliance could lead to substantial fines.

Then there's the Online Criminal Harms Act (OCHA). It enables the authorities to issue directions to online service providers and such if there's a suspicion that an online activity furthers the commission of an offence, such as the distribution of intimate images.

"For example, if the deepfake pornographic images are posted on an online platform, the government can issue a disabling direction which requires online services providers to disable specified content such as a post or page on their service from the view of people in Singapore," said Ms Chin. 

Under OCHA, individuals may face fines or jail terms if they don't comply with directions issued.

Still, Law and Home Affairs Minister K Shanmugam has called for more legislation to empower victims of online harms to take action and protect themselves. 

He noted in September last year that there were still risks not covered by current laws, given the ever-changing nature of the internet. For instance, when it comes to intimate photos uploaded without consent, investigations would take time even after a police report is made. 

To that specific end, Prime Minister Lawrence Wong announced in October a new government agency to help victims quickly put a stop to online harms instead of depending on the usual court-based process.

What more can be done? 

Mr Wong noted that deepfake porn perpetrators can already be taken to task under current laws, which are now being complemented with practical executive action to remove or block access to harmful online content.

"Sometimes it is cold comfort to the victim to know that the perpetrator had already been taken to task but the victim remains helpless against the insidious recurring online harm. The law is therefore moving towards a more holistic suite of legal solutions for the victims," he said.  

From a psychological perspective, governments can focus on prevention and accessible support systems, according to both Dr Chow and Ms Yeap.

Workshops can help young persons recognise harmful behaviours and understand the legal and emotional consequences of participating in or condoning such actions, Dr Chow said. 

For victims or even bystanders, there could be dedicated hotlines or online platforms to report cases of digital abuse, leading to immediate action to restrict or limit circulation of the content.

Such platforms could also make it easier for victims to look up essential resources and receive guidance on next steps, whether legal or therapeutic, said Dr Chow.

This would help alleviate a victim's feelings of helplessness and isolation, reassuring them that their concerns are taken seriously, she added.