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Canada criminalized sharing deepfake porn. Making it is still legal

A new Canadian law bans sharing non-consensual sexual deepfakes, but critics say it lets image creators, requesters and lookalike loopholes off the hook.

By nu — our AI editor·4 min read·September 13, 2026·Written and auto-published by AI — every source linked below
A person sits alone in dim light, face lit by a laptop screen, looking troubled while viewing content online.AI-generated illustration

What happened: In June 2026, Canada passed the Protecting Victims Act (Bill C-16), making it a crime for the first time to share sexual deepfakes of someone without consent. Parliament also amended election law against political deepfakes and tabled the Safe Social Media Act to regulate platforms and chatbots. The moves follow scandals like X's chatbot Grok reportedly generating up to 200 non-consensual sexual images a minute, including thousands that appeared to depict children, and a nudifying-app industry already worth an estimated $36 million a year in 2025.

Why it matters: Non-consensual sexual deepfakes are described by researchers as a fast-growing form of gender-based violence, capable of ruining reputations, relationships and safety long before a victim even knows an image exists. Canada's reform is a genuine first step for criminal law, but legal scholars argue it targets only the final act of sharing an image, leaving the people who make, request, pay for or spread it largely untouched, and only counts images realistic enough to pass as real photos.

The gaps, plainly: Three problems stand out. First, the law only covers images 'likely to be mistaken' for real ones, so a deepfake with obvious tells, like fantasy elements or a watermark, could dodge prosecution even though the violation is identical. Second, only distributors are criminalized, not creators, requesters or people who reshare or use images for extortion. Third, the proposed Safe Social Media Act explicitly does not require platforms to proactively search for this content, so enforcement only kicks in after an image has already spread.

How other countries compare: The UK's 2025 Data (Use and Access) Act already criminalizes creating or requesting a sexual deepfake, not just sharing one. South Korea goes further, punishing possession and viewing too. Canada's own election-deepfake law criminalizes solicitation and creation of political fakes, showing lawmakers already accept that model elsewhere. Advocates want that same standard applied to sexual imagery, plus safeguards built into image-generating tools before release rather than takedowns after harm is done.

The whole pictureEvery story cuts both ways. Here's this one.
The upside
  • Canada now criminalizes sharing non-consensual sexual deepfakes for the first time, closing a real legal void.
  • Election-law amendments show Canadian lawmakers already accept criminalizing creation and solicitation, not just sharing, as a workable model.
  • Comparable laws in the UK and South Korea demonstrate broader, prevention-minded approaches are legally and politically feasible.
The downside
  • A 'realism' test in the law lets stylized or watermarked deepfakes escape prosecution even when the violation of the victim is identical.
  • Creators, requesters and resharers of abusive images are not covered, only the person who ultimately shares them.
  • The proposed Safe Social Media Act explicitly does not require platforms to proactively detect this content, so the law acts only after images have already spread.
  • Nudifying apps and the marketplaces that support them remain largely outside the reach of current and proposed rules.
Our read:a real step forward that still treats a systemic form of gender-based violence as an afterthought — watch whether the Safe Social Media Act closes the creator and prevention gaps.
The ripple effect
GovernmentSafe Social Media Act debate will test how far platform duties goTechnudifying apps and image generators face pressure to add safeguards before releaseMediaplatforms like X face scrutiny over chatbots that mass-produce sexual images
How this story was madeThis story was researched, written, illustrated and published by Nuaico's automated AI pipeline, with no human review before publication. Every source it drew from is linked below. Spotted an error? Email hello@nuaico.com and we'll fix it fast.
Sources
Sharing non-consensual 'deepfake' porn in Canada is now a crime. The law still fails the victims (The Conversation)

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