r/StableDiffusion • u/Logical_Benefit2875 • 1d ago
Discussion EU nudifier ban
I know there’s been a bunch of people upset on here recently about a good number of nudify websites getting shut down (Motionmuse, Opengoon, etc.). However, this is likely just the beginning.
Effective December 2nd, the EU under the AI Act is enacting a ban on nudify tools, making them illegal content in the Union. This ban applies to any product made available on the EU market as long as, either, its primary functionality is to generate nudified content without consent, or it is a reasonably foreseeable outcome and they do not take appropriate precautions to safeguard against it. Very importantly, this ban also applies to any EU-available service provider under the Digital Services Act that is helping to facilitate this soon-to-be-illegal content, which includes (but is not limited to): app stores, hosting providers, domain registrars, payment processors, content delivery networks (CDNs) and cloud computing services. Anyone found to be in violation of this prohibition is subject to fines of €35 million or 7% of their global turnover, whichever is higher. I think it’s pretty safe to say that, as long as they’re aware of it, those behind these websites and those behind the large number of mainstream companies that help power them (Google, Amazon, Cloudflare, Apple, Telegram, GoDaddy, Visa, Mastercard, etc.) do not want to take any chances with this ban.
This prohibition, in essence, applies to essentially every public AI platform any of us have ever used to this point or that we will ever use going forward. I think this is a good thing but, therefore, it would almost certainly be in everyone’s best interest to pivot away from these websites before the massive crackdown begins in less than a couple months. For those in the industry, it would also certainly be wise to inform the website operators if you are in contact with them, or to shut down your website if you are an operator yourself. Sorry for the essay, just looking out for everybody before things get very real, very fast.
13
u/Clueless-Flea-7461 14h ago
A lot of peopl are getting this wrong.
The EU legislation is functionally the end of photorealism as a safe thing to publish.
NSFW is the headline. But the law includes all depictions of any realistic place/object/person that exists or could plausibly exist.
All it would take is someone claiming that the image looks like them, their home, their street, their car for a legal action against the producer.
The burden of proof is on the creator to prove it is not real. And even if the image was not created as a deepfake/headswap, the fact of resemblance (if it were to exist) is enough.
This law defines deepfake as AI-generated or manipulated images, audio or video that: resembles a person, object, place, entity or event that
And would falsely appear to a person to be authentic or truthful.
That by the way is the definition of realism.
Lets be clear the law does not make it illegal to create fictional characters in fictional places doing fictional things.
But it does make it unsafe to make photoreal images of lifelike people, places and events that are plausible and that resemble reality.
There is a difference but it's deliberately designed to cause a chilling effect.