Data (Use and Access) Act 2025, section 138 - Creating, or requesting the creation of, purported intimate image of adult
Inserts sections 66E-66H into the Sexual Offences Act 2003. They make it an offence in England and Wales to create, or ask someone to create, a purported (including AI-generated) intimate image of an adult without consent or reasonable belief in consent. Applies to individuals.
Why it matters
Image-generation services and platforms should expect law-enforcement requests and design-level scrutiny around non-consensual intimate content.
What it requires
Key obligations, provision by provision
2 obligations in article order. How IDs work
Do not intentionally create an image that appears to be a photograph or film of an adult in an intimate state, but is not, without their consent or a reasonable belief that they consent.
Do not intentionally request, privately or publicly, the creation of a purported intimate image of another adult, or ask for particular content in it, without their consent or a reasonable belief in consent.
Penalties
Summary offence: imprisonment up to the maximum term for summary offences and/or a fine.
Cite this record
WTA-R-GB-0004: Data (Use and Access) Act 2025, section 138 - Creating, or requesting the creation of, purported intimate image of adult. UK Parliament. wheresthe.ai, https://wheresthe.ai/rule/gb-duaa-2025-s138-purported-intimate-images/ (checked 4 Oct 2026).
History
- Summary changed from …2003, making… to …2003. They make…
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