Rules / United Kingdom

Data (Use and Access) Act 2025, section 138 - Creating, or requesting the creation of, purported intimate image of adult

In forceLawBinding

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

Prohibited usesPenalties

Key obligations, provision by provision

2 obligations in article order. How IDs work

  1. 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.

  2. 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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