Threats and regulatory challenges of non-consensual pornographic deepfakes: an analysis of the colombian case

The proliferation of non-consensual pornographic deepfakes has raised ethical, legal, and social concerns worldwide. This form of gender-based violence violates fundamental rights such as sexual freedom, dignity, privacy, and reputation, and disproportionately affects women. This article examines the regulatory challenges posed by non-consensual pornographic deepfakes in Colombia, where current policies and legal responses remain fragmented and insufficient. Using Lawrence Friedman’s tripartite model of legal systems, which considers legal structure, legal substance, and legal culture, the study identifies institutional limitations, legal gaps, and cultural barriers that undermine effective victim protection. Drawing on comparative legal frameworks from jurisdictions that criminalize synthetic sexual content, the paper proposes guiding principles for adopting clear criminal legislation in Colombia. It argues that reform must extend beyond criminal definitions to include institutional coordination, victim support services, and public awareness campaigns, offering a comprehensive and multidisciplinary response. Based on a documentary review of legal, doctrinal, and news sources, the analysis concludes that Colombia urgently needs legislation tailored to online sexual violence, while also embracing technological and educational measures to mitigate harm. This approach aims to build a rights-based legal response to an unregulated digital environment and to protect victims’ dignity and autonomy.