The European Union agrees to Spain's proposal to ban sexual deepfakes

The European Union has agreed, at the proposal of the Government of Spain, to prohibit throughout the EU the introduction to the market, commissioning, and use of Artificial Intelligence systems that generate sexual deepfakes. This proposal, which Spain put forward last January following the controversy generated by the nude images of women and minors created by Grok, the virtual assistant of the social network X, had already secured the Union's support by mid-March for inclusion in the reform of the European Artificial Intelligence Act.

The agreement was reached during tripartite negotiations between representatives of the European Parliament, the Presidency of the Council, and the European Commission, which concluded in the early hours of 7 May 2026, where the amendment proposed by the Spanish government, and also supported by France, to the Artificial Intelligence Law was approved.

The amendment proposes incorporating two prohibited AI practices within the European Union. Firstly, those capable of generating or manipulating realistic images, videos, or audio ('deepfakes') of intimate body parts or that identify individuals engaged in sexual activity without their explicit consent. Secondly, those capable of generating or manipulating child pornography.

"Spain continues to lead the deployment of a European Artificial Intelligence model, which must be characterised by being the most reliable of all. We welcome this agreement within the European Union, which follows the line of initiatives approved by the Government of Spain in recent months, especially the Organic Law for the protection of minors in digital environments, currently being processed in the Lower House of Parliament," stated the Minister for Digital Transformation and Civil Service, Óscar López.

The law protecting minors is a pioneering piece of legislation in Europe, as it provides for the reform of the Penal Code to penalise both 'deepfakes' of sexual content and grooming (the online deception of minors), which will be considered an aggravating factor for certain sexual offences. Furthermore, it reflects the Government's commitment to protecting children and adolescents in the digital sphere, guaranteeing their right to privacy, honour, and image, as well as the protection of their personal data and access to age-appropriate content.

Simplification of the Artificial Intelligence (AI) Act

On the other hand, there has been strong debate regarding Parliament's position on transferring the obligations of the AI Regulation to existing sectoral regulations, such as those for medical devices, toys, lifts, and machinery, among others. Spain has maintained a firm position against this, as it implies deregulation and fragmentation of the internal market. Ultimately, only the legislation for industrial machinery is being transferred, with a set of safeguards to ensure that the specific requirements for AI are incorporated.

In line with the Spanish position, it has also been possible to maintain a simplified registry for systems that, within the scope of Annex III of the Regulation, are not considered high-risk because they do not pose a direct threat to the safety, health, or fundamental rights of natural persons, thus facilitating oversight by supervisory authorities.

Finally, the obligation to provide AI literacy training to providers and those responsible for deployment, with the support of public administrations, has been maintained and clarified. This aims to foster a climate of trust and knowledge surrounding the development and use of AI, and promotes active cooperation between the AI office and national authorities.

The Government has welcomed this agreement, as it aligns with the Executive's position of supporting companies in artificial intelligence innovation while ensuring a framework of trust in the use of reliable and human rights-respecting artificial intelligence.

The political agreement will have to be formally ratified by the full Parliament and the Council of Ministers, which is expected to happen before the summer recess.

Non official translation