Pornographic deepfakes as a violation of women’s rights

On July 29, 2025July 29, 2025 By officialblogunioIn EssaysLeave a comment

Mariana Coelho (Master's in European Union Law at the School of Law of University of Minho)

1. Preliminary considerations

The rise of new technologies has consistently provided more challenges for human rights and democratic values all over the world. With the widespread use of AI technologies, it has never been easier to create manipulated content, namely of sexual nature. And if deepfakes have shown to be increasingly realistic, the risk is ever growing.

In fact, the last few days have seen the emergence of a new trend on social media websites, such as TikTok and X: mukbang[1] and/or ASMR[2] videos created entirely through AI systems, featuring predominantly women of color, and replicating their mannerisms and accents. In these videos, AI models have even been trying to convince the viewers that they are real people, with most of them being dotted with an unimaginable level of realism. If it is this easy to create seemingly innocent videos, that can blur or even virtually delete the line between real people and AI models, the issue of pornographic deepfakes is, or should at least be, now more than ever, at the center of public discourse, with women’s rights being at risk at levels never before seen.

Digital sexual violence targeting women has been a persistent and widespread concern for several years, and its ongoing prevalence has elevated it to a priority within the EU’s digital policy agenda. From political efforts, legislative action and digital literacy initiatives, the EU has undoubtedly become “the world’s leading tech watchdog”.[3] In face of how quickly violent discourse seems to be spreading through multiple societies, the European Parliament has increased pressure on the Commission and Member States to act more quickly and aggressively on the matter of women’s rights, with Irish Member of Parliament Maria Walsh calling for stricter criminal penalties for those who create and disseminate pornographic deepfakes in December 2024.[4] The MEP called to attention the fact that current legal frameworks that exist in the EU, no matter how revolutionary, have proven to be insufficient to combat malicious uses of technology, that are used to harass, defame and exclude women from public discourse and professional life every day.

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Editorial of July 2025

On July 22, 2025 By officialblogunioIn EditorialsLeave a comment

Backtracking on green claims? the EU’s fight against greenwashing at a crossroads

Ana Carcau (master’s student in European Union Law at the School of Law of University of Minho)

In March 2023, the European Commission presented the long-awaited proposal for a Green Claims Directive,[1] a legislative initiative designed to bring transparency and credibility to environmental claims made by companies across the European Union (EU). By targeting misleading environmental claims and demanding clear, science-based substantiation, the proposal aimed to restore consumer trust and ensure that the growing market for sustainable products was based on truth rather than illusion.[2] In short, it was widely seen as a cornerstone of the European Green Deal,[3] designed not only to inform but to empower consumers, protect genuinely sustainable companies and create a level playing field across the Single Market.[4]

However, recent reports suggest that the proposal now faces political and institutional limbo. On the 20^th of June, reports emerged that the Commission was considering formally withdrawing the proposal, citing concerns over the potential regulatory burden on microenterprises, which number around 30 million across the EU. Although no formal withdrawal has occurred, the Commission confirmed that such a step remains on the table if Member States and the Parliament cannot agree on a carve-out for these businesses. Negotiations between co-legislators were suspended just before a crucial trilogue meeting scheduled for the 23^rd of June, following growing resistance from several national governments and the center-right European People’s Party. With Italy retracting its support and no compromise in sight, the Polish Presidency of the Council has now effectively paused the legislative process indefinitely.[5]

Amid legislative gridlock and concerns about administrative burden, this retreat, or threat thereof, raises serious concerns about the EU’s regulatory resolve in the face of industry lobbying, political fatigue and an evolving institutional landscape. If the proposed Green Claims Directive is ultimately withdrawn, it will mark a significant step backwards in the EU’s fight against deceptive green marketing and could send a troubling signal about the fragility of the EU’s green legislative momentum at a time when it should be accelerating.[6]

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Pfizergate: the billion euro silence and the future of EU transparency

On July 15, 2025July 15, 2025 By officialblogunioIn Case notesLeave a comment

João Pedro Sousa (master’s student in European Union Law at the School of Law of the University of Minho)

The role of transparency in EU Law

Transparency within the European Union’s constitutional order is not a matter of institutional courtesy or political goodwill: it is a binding legal obligation anchored in the Treaties and the Charter of Fundamental Rights of the European Union (CFREU). The EU’s legitimacy as a supranational legal order is not derived solely from formal democratic representation, but from its ability to guarantee open governance, accountability, and legal certainty. These principles converge in the citizen’s right of access to documents, which is both a general principle of EU law and a fundamental right under Article 42 CFREU.^[1] Regulation (EC) No 1049/2001 operationalises this right, setting the legal framework for public access to the documents of the EU institutions.^[2] Article 11(2) TEU, which mandates the Union institutions to maintain an open, transparent, and regular dialogue with civil society, reinforces the legal architecture of transparency, a requirement that becomes especially salient when decisions involve significant public expenditure and health policy.

Against this normative backdrop, the judgment delivered by the General Court (GC) in Case T‑36/23 on 14 May 2025,[3] publicly referred to as “Pfizergate”, emerged as a pivotal episode in the evolution of EU transparency law.^{^[4]} The dispute was triggered by a request submitted by journalist Matina Stevi of The New York Times, seeking access to text messages allegedly exchanged between the President of the European Commission, Ursula von der Leyen, and Albert Bourla, CEO of Pfizer.^[5] The messages were reportedly exchanged during negotiations that led to a contract for the procurement of 1.8 billion doses of the Pfizer-BioNTech COVID‑19 vaccine, amounting to approximately €35 billion in public expenditure, plus an additional €2.4 billion in related contracts. The Commission’s refusal to grant access to these communications, on the grounds that they were not in its possession, raised fundamental questions about the scope of transparency obligations and the nature of institutional accountability during states of emergency.^{^[6]}

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Summaries of judgments: Stevi and the New York Times v Commission

On July 8, 2025July 8, 2025 By officialblogunioIn Summaries of judgmentsLeave a comment

Summaries of judgments made in collaboration with the Portuguese judges and référendaire of the General Court (Maria José Costeira, Ricardo Silva Passos and Esperança Mealha)

Judgment of the General Court (Grand Chamber), 14 May 2025,

Case T-36/23 Stevi and The New York Times v Commission

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the text messages exchanged between the President of the Commission and the chief executive officer of the pharmaceutical company Pfizer – Refusal to grant access – Presumption of veracity associated with the declaration of lack of possession of documents – Absence of plausible explanations making it possible to establish the reasons for non-existence or lack of possession – Retention of documents – Principle of good administration

Facts

The General Court (hereinafter “GC”), sitting as grand chamber, upheld the action brought by Ms Matina Stevi, journalist of The New York Times, and by The New York Times Company, and annulled the final decision of the European Commission rejecting Ms Stevi’s request for access to all the text messages exchanged between Commission President Ursula von der Leyen and Albert Bourla, chief executive officer of the pharmaceutical company Pfizer, between 1 January 2021 and 11 May 2022, as part of the Commission’s purchase of vaccines from Pfizer in the context of the COVID-19 pandemic.

In its decision (hereinafter “the contested decision”), sent to Ms Stevi on 16 November 2022 and adopted in accordance with the detailed rules for the application of Regulation regarding public access to European Parliament, Council and Commission documents,[1] the Commission stated that, since it did not hold any document corresponding to the description given in the initial application, it was not in a position to grant that application.

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