To ask the First Minister whether the Scottish Government plans to make creating sexually explicit “deepfake” images and videos a crime. (S6F-03730)

I recognise the significant harm that can be caused by such images—especially to women, who are often the victims. The publication, distribution or sharing of sexually explicit deepfake images or videos without consent can currently be prosecuted using the offence concerning disclosure of intimate images.

The development of artificial intelligence means that creating such images is easier than ever. It is a growing problem, which we take very seriously. Therefore, we are carefully considering whether specific legislation is required to provide greater protection to those who are at risk of image-based abuse. That work includes giving consideration to United Kingdom Government plans to criminalise the creation of deepfake images being extended to Scotland. That would require legislative consent, and we are open to working with the UK Government on it.

Deepfake abuse has been described as a “new frontier” of violence against women. The proliferation of sexually explicit deepfake images has grown at an alarming rate and is causing devastating harm to victims. #MyImageMyChoice, which is a campaign group that tackles image abuse, has found that 99 per cent of deepfake images are of women and girls.

One of the most unsettling features of that abuse is that it is often people who are known to the victim who are creating and sharing the images. Teenage girls have found that their classmates are using apps to transform their social media posts into nudes before sharing them. I have raised the issue before, so I am pleased with the First Minister’s answer. Does he agree that there is now urgency to close any loopholes in the law in Scotland by working with the United Kingdom Government, which is doing the same? As I said, it is the sharing of images that is illegal, so we need to close that gap. Does the First Minister agree that we, as a Parliament, and the Scottish Government need to send a clear message that dealing with that type of abuse is part of the campaign to eradicate violence against women and girls?

Yes. I agree with that point from Pauline McNeill. She makes an important point about the pace at which the threat has arisen. The answer of substance that I gave was based on the fact that, in 2016, this Parliament passed the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, which provides for the action that I set out in my answer. However, it is just nine years later, and the situation that Pauline McNeill has put to me demonstrates the pace at which roll-out of technology is happening.

The UK Government has said that it intends to amend the Data (Use and Access) Bill to criminalise those who create artificial images either for sexual gratification or to cause alarm, distress or humiliation. There is perhaps an opportunity to move at pace because of what the UK Government has done and because it has a legislative vehicle available for us to utilise legislative consent to make urgent progress on the question. I give Pauline McNeill the assurance that the Government will engage constructively with the UK Government, with urgency, to ensure that that is the case.

We move to general and Constituency supplementaries.