Stop Non-Consensual Distribution of Intimate Deepfake Media Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: November 30, 2023

Issues

  • Communications and Technology

    • Task Forces

  • Communications and Technology

    • Tags

  • SNPS 2023

    • Summary

    This Act clarifies that manipulated visual media, inclusive of an identifiable person, when distributed without authorization of the person and with the intent to cause harm, is punishable under state privacy laws. This removes the current uncertainty as to whether this is a punishable action under state law.
    Draft

    Stop Non-Consensual Distribution of Intimate Deepfake Media Act

    Section 1. {Title} This Act may be cited as the Stop Non-Consensual Distribution of Intimate Deepfake Media Act.

    Section 2. {Definitions}

    1. “Deepfake” means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person’s speech, conduct, or likeness. “Deepfake” does not include any material that constitutes a work of political, artistic, or newsworthy value, including commentary, criticism, satire, or parody, or media including a clear disclosure visible throughout the duration of the recording that would cause a reasonable person to understand that the visual media is not a record of a real event.
    2. “Distribute” means to publish or disseminate, including but not limited to: advertising, exhibiting, exchanging, promoting, or selling deepfake material.
    3. “Natural person” means a human being with legal personality as distinguished from a person created by digital means or by operation of law.
    4. “Non-consensual” means without the voluntary agreement of the natural person whose recognizable physical characteristics are involved.
    5. “Recognizable physical characteristics” means an actual person’s face, likeness, or individually identifiable unique characteristic which alone is sufficient to clearly identify a natural person.
    6. “Sexual conduct” means unlawful nudity [as defined under state law] or any sexual activity, whether actual or simulated.

    Section 3. {Prohibitions}

    The civil code of {state} shall be amended in the appropriate place as follows:

    Violation of privacy in the first degree. A person commits the offense of violation of privacy in the first degree if the person:

    (A) intentionally or knowingly distributes a deepfake with recognizable physical characteristics of an actual person engaging in sexual conduct that the actual person did not engage in with intent to coerce, harass, or intimidate the actual person depicted in the deepfake, where such person knows or has reason to know that the distribution was not authorized by the natural person to distribute the deepfake media.

    (B) Nothing in this Act shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for information provided by another information content provider.

    (C) The provisions of this Act shall not preclude prosecution under any other statute.

    Section 4. {Severability Clause}

    If any provision of this Act or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of this Act  and the application of such provisions to other persons or circumstances shall not be affected thereby.