Voice, face and likeness: deepfake protection in the EU and Latin America

Voice, face and likeness: deepfake protection in the EU and Latin America

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Deepfake likeness rights are not a single right but a toolbox: personality and image rights, performers’ rights, trade marks and, in the EU, new AI Act rules. Together they let talent and brands stop unauthorised AI clones of a voice, face or likeness, but which tool works depends on the country and on the use. This guide is for talent agencies, performers and brands exposed to AI imitation in Europe and Latin America.

Key takeaways

  • From 2 December 2026, the AI Act prohibits AI systems that generate realistic intimate images or audio of an identifiable person without explicit consent, under a new Article 5(1)(ba) added by the Digital Omnibus.
  • Since 2 August 2026, deployers must disclose that deepfake image, audio or video content is artificially generated (AI Act, Article 50(4)).
  • Spain’s 1982 law already treats using a person’s name, voice or image for advertising without consent as unlawful; a bill approved by the Government on 7 July 2026 names AI deepfakes expressly.
  • Mexico’s 2026 copyright reform protects performers’ image and voice against AI clones; in Brazil, the AI bill passed by the Senate is still before the Chamber of Deputies.
  • Contracts matter as much as statutes: consent is read narrowly, so talent agreements should state whether AI replicas are allowed.

What protects voice, face and likeness against deepfakes?

Tool Where What it covers Status (August 2026)
AI Act, Article 5(1)(ba) EU Ban on AI systems generating realistic intimate depictions of an identifiable person without explicit consent Applies from 2 December 2026
AI Act, Article 50(2) and (4) EU Machine-readable marking of synthetic content; disclosure of deepfakes by deployers Applies from 2 August 2026
Organic Law 1/1982, Article 7(6) Spain Use of name, voice or image for advertising or commercial purposes without consent In force; replacement bill before Congress
Federal Copyright Law, Articles 87 and 118(VII) Mexico Performers’ image and voice, including AI-generated results and voice clones In force since the reform of 14 May 2026
Civil Code, Article 20; Bill 2338/2023 Brazil Commercial use of image; AI use of image, audio, voice or video must respect personality rights Civil Code in force; bill pending in the Chamber
EU trade mark, Article 9 EUTMR EU Unauthorised use of a registered name or logo in the course of trade, for example in fake endorsements In force

The EU: new AI Act prohibition and transparency duties

The Digital Omnibus on AI, Regulation (EU) 2026/1744, published on 24 July 2026, adds two prohibited practices to Article 5 of the AI Act. Point (ba) bans placing on the market, putting into service or using an AI system that generates or manipulates realistic images, videos, audio or similar material of an identifiable person’s intimate parts, or of that person engaged in sexually explicit activity, without their freely given, specific, informed, unambiguous and explicit consent. Point (bb) covers child sexual abuse material. For providers, the ban applies where that output is the system’s intended purpose, or a reasonably foreseeable and reproducible outcome without adequate safeguards; for deployers, where they use the system for that purpose. Both apply from 2 December 2026.

Separately, Article 50 of the AI Act has applied since 2 August 2026: providers of generative systems must mark outputs in a machine-readable format, and deployers of systems that create deepfakes must disclose that the content is artificially generated or manipulated, with lighter disclosure for evidently artistic, satirical or fictional works. The Omnibus gives systems already on the market until 2 December 2026 to comply with the marking duty.

These rules help, but they do not give a performer a right to stop a non-intimate commercial clone of their voice. The European Parliament noticed the gap: in its resolution of 10 March 2026 (paragraph 27; see also Eunews), it asked the Commission to investigate measures protecting individuals against AI-generated content imitating their personal characteristics without consent, including their body, facial features and voice. In its follow-up, the Commission said it will examine the issue within copyright, personality rights or AI policy.

Spain: image rights and a bill aimed at deepfakes

Spain’s Organic Law 1/1982 on the right to honour, privacy and one’s own image treats as an unlawful intrusion the use of a person’s name, voice or image for advertising, commercial or similar purposes (Article 7(6)), unless the person gave express consent, which can be revoked subject to compensation (Article 2). Remedies include an injunction, damages and recovery of the profit obtained (Article 9). On 7 July 2026, the Council of Ministers approved a bill to replace that law. For the first time, it expressly treats the unauthorised use of a person’s voice or image for advertising or commercial purposes through AI or similar technologies, such as deepfakes, as unlawful. The bill now goes to Congress and may change.

Latin America: Mexico acts, Brazil is still debating

Mexico has moved furthest. Following the reform published on 14 May 2026, Article 87 of the Federal Copyright Law provides that the image, including the voice, of performers and their characters can only be used with their express consent, and that this protection covers results generated by AI systems or any other technology. When a performer was paid for a specific use, consent is presumed only for the purposes agreed. New Article 118(VII) gives performers the right to prohibit AI impersonation that clones their performances or identifiably simulates their voice, with exceptions for parody, satire and creative imitation that does not replace their professional work.

In Brazil, Article 20 of the Civil Code already allows a person to stop the use of their image for commercial purposes without authorisation. The AI bill, PL 2338/2023, passed by the Senate on 10 December 2024 (DPL News), adds in Article 66 that AI use of image, audio, voice or video content portraying identifiable people must respect personality rights under the Civil Code. In the Chamber of Deputies, the bill is still awaiting a report.

What this means for your business

  1. Update talent and influencer contracts: state whether digital replicas, voice clones or AI-generated content are allowed, for which campaigns, territories and duration, and at what fee.
  2. Register what can be registered: names, signatures, logos and slogans of talent and brands as trade marks in the key markets, so fake endorsements can also be attacked as trade mark infringement.
  3. Monitor and document: keep dated copies of deepfakes, the platforms carrying them and the accounts behind them.
  4. Prepare country playbooks: image rights in Spain, performers’ rights in Mexico and Civil Code claims in Brazil require different filings.
  5. Check your own use of AI: if you create synthetic spokespeople, meet Article 50 and respect consent.

Our team for AI and digital asset protection, including deepfakes, combines these tools, and we can secure the underlying trade mark registrations in Europe and Latin America.

Where talent and brands get deepfake protection wrong

  • Assuming old consents cover AI. Mexico presumes that paid consent covers only the agreed uses, and Spain’s new bill would judge consent by its purpose and context.
  • Relying on the AI Act alone. Its new prohibition targets intimate deepfakes; commercial voice clones are mostly a matter of national law.
  • No registered marks. Without trade mark rights, a fake endorsement must be fought on image rights only, which vary by country.
  • Slow evidence gathering. Deepfake content moves quickly between accounts and platforms; undocumented content is hard to pursue.
  • Fragmented action. Separate lawyers in each country, without a common strategy, produce inconsistent claims; our IP enforcement team coordinates them.

Frequently asked questions

Can I stop an AI voice clone of a performer in the EU?

Usually through national law rather than the AI Act. In Spain, using a person’s voice for advertising or commercial purposes without consent is an unlawful intrusion under Organic Law 1/1982, with injunctions and damages available. The AI Act adds disclosure duties for deepfakes and, from 2 December 2026, bans systems generating non-consensual intimate depictions.

When does the AI Act ban on intimate deepfakes apply?

From 2 December 2026. The Digital Omnibus on AI, Regulation (EU) 2026/1744, added points (ba) and (bb) to Article 5(1) of the AI Act and set that date. Providers are caught where such output is the intended purpose or a foreseeable result without adequate safeguards; deployers, where they use the system for that purpose.

Does Mexico protect performers against AI-generated imitations?

Yes. Since the reform of the Federal Copyright Law published on 14 May 2026, performers’ image, including voice, can only be used with express consent, also in AI-generated results, and performers can prohibit AI clones of their performances or identifiable simulations of their voice, subject to parody, satire and creative imitation exceptions.

Can IP Global Guard handle deepfake protection for talent across Europe and Latin America?

Yes. We review contracts and consents, register trade marks, prepare evidence and coordinate takedown requests and court actions through qualified local correspondents in each country, from a single point of contact. Within the group, META Channel also covers the AI Act and GDPR aspects.

How IP Global Guard helps protect voice, image and brand

Protecting a voice or a face against AI clones means combining contracts, trade marks, image rights and the new AI rules, country by country. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates that work across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship.

Tell us who needs protecting, in which markets, and send any deepfakes you have already found. We will set out the strongest route in each country and coordinate the response. Contact our team about deepfake protection.

This article is general information, not legal advice, and reflects the position on the date of publication.

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