Sharing Images Without Consent (UK): A Complete Guide to the 2026 Data Act Changes
As technology advances, apps and websites can now generate highly realistic images and videos that may infringe on personal privacy and dignity. The laws governing intimate images have undergone significant changes, with new legislation addressing both emerging AI-generated content and traditional image sharing.
In this guide, Melissa McNamara and the criminal defence team at Richard Nelson LLP explain the significant changes to the legal landscape concerning non-consensual intimate images. Understanding your rights and the evolving legislation regarding AI-generated content is essential to navigating these complex legal developments.
If you’re interested in a particular section, use the links below to navigate straight to it:
- The ban on “Nudification” apps
- Deepfakes and the Online Safety Act 2023
- The Data (Use and Access) Act 2025
- Sentencing and the Sexual Offences Act 2003
- Protection for minors and harmful content
- How we can help
The ban on “Nudification” apps
The legal landscape concerning non-consensual intimate images has undergone significant recent changes with new legislation, focusing on both emerging AI-generated content and traditional image sharing.
The UK government has published their intention to ban “nudification” apps, as part of a wider strategy to tackle misogyny online and violence against women and girls. The new law will make it illegal to use AI technology to edit images and remove someone’s clothing.
Deepfakes and the Online Safety Act 2023
In the evolution of AI, apps and websites are now used to create highly realistic images and videos. The term “deepfakes” is used to describe images or videos which falsely depict individuals in intimate or sexual situations, even where no such event or image ever existed.
Creating deepfake explicit images of someone without their consent is already a criminal offence under the Online Safety Act (OSA 2023). The act has specifically targeted AI-generated content. A person will commit an offence if:
- without the consent of the individual depicted or a reasonable belief that the individual consented,
- they intentionally create a purported intimate image that appears to depict another adult in an intimate state, even though it is not actually of the individual, and is made to appear so.
The Data (Use and Access) Act 2025
While previous laws focused on the distribution of intimate images without consent in the UK, as of 6 February 2026, the Data (Use and Access) Act 2025 (DUAA 2025) law now targets the source of the harm. Section 138 of the act creates offences for both a) creating and b) requesting the creation of purported intimate images of adults without their consent.
The creation offence applies when someone intentionally creates an image that appears to depict another adult in an intimate state, even if the image is not of that individual and is made to appear to be that individual, including AI-generated or synthetically manipulated images.
A separate offence covers requesting such images, whether the request is made publicly or privately, and applies regardless of whether the image is ultimately created.
A defence is available if the accused can prove a reasonable excuse for making the request. Conviction under this section may result in imprisonment, a fine, or both.
Is sharing images without consent illegal in the UK?
Yes. Under the Online Safety Act 2023 and the Sexual Offences Act 2003, it is a criminal offence to share, or even threaten to share, intimate photos or films of another person without their permission.
The law is designed to protect victims of what is often called revenge porn, but it applies to any instance of sharing photos of someone without consent if those images are considered “intimate.” This includes:
- Nudity or partial nudity (even if covered by underwear).
- Sexual acts or private sexual poses.
- AI-generated “purported” images (deepfakes) that appear to be the person in an intimate state.
It is important to note that this area of law overlaps with other privacy-related sexual offences. For instance, the unauthorised recording or taking of images under a person’s clothing, commonly known as upskirting or voyeurism, is a specific criminal offence that carries severe penalties, including potential registration on the Sex Offenders Register.
Sentencing for sharing photos of someone without consent
The distribution of intimate images without consent in the UK is primarily governed by amendments to the Sexual Offences Act 2003. These changes ensure that both real photographs and AI-generated purported images are treated with the same legal severity.
The law distinguishes between different levels of culpability:
- The base offence: Intentionally sharing non-consensual intimate images without a specific malicious intent. This can carry a maximum sentence of 6 months’ imprisonment.
- Aggravated offences: If the images are shared with the intent to cause alarm, distress, or humiliation, or for sexual gratification, the maximum penalty increases to 2 years’ imprisonment.
- Sex offender registration: In many cases involving a sexual offence motive, a conviction will lead to the individual being placed on the Sex Offenders Register.
- Maximum penalty of up to two years in prison, an unlimited fine, or both for threatening to share intimate images.
Protection for minors and harmful content
While these provisions focus on adults, the government has also proposed amendments to the Crime and Policing Bill to ensure safeguards are in place to prevent the generation of deepfakes containing other types of extreme pornography and child sexual abuse material.
Additionally, Offences under the Online Safety Act 2023 address the spreading of harmful online content, including the sharing or threatening to share intimate images without consent. It amends the Sexual Offences Act 2003 to include AI-generated images within the definition of ‘photographs’ and ‘film’ of both adults and children.
How we can help
While the law has strengthened, enforcement remains complex. With only 4% of reported cases currently resulting in a charge, many investigations are dropped due to insufficient digital evidence or procedural errors.
If you are under investigation or have been accused of offences relating to non-consensual intimate images, our criminal defence solicitors can assist you. If you need advice or assistance, please contact us.
