Danish citizens to get copyright to their whole body – what about the Netherlands?

In the media 18 July 2025

New Danish legislation could mean that citizens will have copyright to their bodies, faces and voices. The Dutch government is also proposing similar legislation. Dirk Visser commented on the issue in NRC newspaper and on BNR radio.

A deepfake is a video that has been edited (often using AI) to make it look real. Images of famous people or politicians are often used for deepfakes. This can result in disinformation, but also personal damage, for example in the case of pornographic deepfakes.

Laws and regulations can help to counter deepfakes. A number of options already exist to do so: ‘There are various ways to challenge deepfakes. First of all, we all have a portrait right, where your reasonable interest is weighed against the interest of the creator of the video.’ To share personal information, such as a face or your voice, a legal basis for processing, such as consent or a 'reasonable interest', is required. That also comes down to a balancing of interests.

The Danish proposal would give citizens more control over their whole body, face and voice. The proposed legislation gives an ‘absolute right’, and gives every person copyright, without taking account of the interests of the person and the creator of the video. That is why members of the House of Representatives, together with Visser, are working on a similar bill. Visser: 'Then the uncertainty of weighing up interests is removed and you always need permission before posting something like that. It offers an extra guarantee'.

Read the full article in NRC newspaper (€, in Dutch)

Listen to the interview with Dirk Visser about the Dutch proposal on BNR radio (in Dutch)

Background

For some time now, Dirk Visser has been working on a proposal for legislation on deepfakes that goes further than portrait rights and the General Data Protection Regulation. In 2024, he discussed the issue with Dutch MPs in response to an appeal by Herman van Veen about performing artists' copyright. In the autumn of 2024, he was approached by VVD MP Rosemarijn Dral. Since then, he has been working with her and others on a bill with an explanation of deepfakes, and consultations have been held within interested circles. The bill is currently ready, but has not yet been submitted.

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