The dynamic, even headlong pace of development in the field of artificial intelligence (AI) has by now been noticed by virtually everyone. Unfortunately, some of us have already seen the dark side of this AI revolution as well — specifically the way fraudsters and other individuals with malicious intent are exploiting these groundbreaking technological tools. Especially in the realm of photo and video manipulation, the use of AI has exploded to such an extent that even our lawmakers have decided it is time to punish its misuse. This article is not only about the amendment to the Criminal Code that toughens penalties for the creation and distribution of harmful deepfake content:
New Criminal Offense Section 191a: Misuse of Identity for the Production and Dissemination of Pornography
As of January 1, 2026, a brand new legal framework is in effect in the Czech Republic that explicitly criminalizes deepfakes. Act No. 270/2025 Coll. introduced two key provisions into the Criminal Code:
Section 191a of the Criminal Code – Misuse of identity for the production and dissemination of pornography
- Whoever produces, imports, exports, transits, offers, makes publicly accessible, mediates, puts into circulation, sells, or otherwise procures for another any photographic, film, computer, electronic, or other
- pornographic work
- depicting or otherwise utilizing a personwhom they know has not granted consent to such depiction or utilization ,
- bude potrestán odnětím svobody až na dvě létashall be punished by imprisonment for up to two years, by a prohibition of activity, or by forfeiture of property.
The offense penalizes the creation, offering, distribution, or making available of pornographic works (including deepfakes) where the perpetrator knows that the person involved has not given consent. Thus, distributing material without knowing it is an illegal deepfake is not a crime. In cases of causing substantial harm, acting within an organized group, or distributing via the internet, the sentence increases to up to 3 years. In the most serious instances—such as causing large-scale harm, being part of an international criminal group, or aiming for large-scale profit—the sentence is up to 5 years. This applies to both artificially generated and real footage used without consent.
Expansion of the criminal offence of Violation of the Rights of Others to also cover deepfakes cases.
Section 181, Paragraph 2 of the Criminal Code – Violation of the Rights of Others
The definition of the offense has been newly expanded by Paragraph 2:
(2) The same punishment shall apply (Note: imprisonment for up to two years or a prohibition of activity).
- Whoever, with the intent to cause another person serious harm to their rights, produces a work that unauthorizedly depicts, captures, or otherwise utilizes the likeness of another or their personal expression, appearing to be authentic,
- despite knowing that they are not authentic,
- or makes such a work publicly accessible, mediates, puts into circulation, sells, or otherwise procures it for another.
This penalizes non-pornographic deepfakes that are created or disseminated with the intent to cause another person serious harm (e.g., defamation, fraud, loss of employment, or extortion)
Civil Law Protection of Personality Rights against Deepfakes
In addition to criminal law protection, the Czech legal system provides civil law remedies. Sections 81–89 of the Civil Code protect an individual's personality, specifically their likeness and privacy. The law explicitly protects your dignity, honor, privacy, and personal expressions—meaning both your likeness and your voice.
Using your face to generate a deepfake video without your consent constitutes, in and of itself, an infringement of your rights. Within civil proceedings, you may demand that the creator or disseminators cease further infringements and remove the consequences. In particular, it may be appropriate to claim an apology or compensation for non-pecuniary harm (including monetary compensation).
Do you believe your identity has been misused to create fake videos or photos? We can help you effectively enforce your rights and seek compensation for any harm caused. Take advantage of our expertise in criminal law, personality rights protection, and claims for damages.
