Stop Non-Consensual Distribution of Intimate Deepfake Media Act

Policy Status

  • Type: Model Policy
  • Status: Final
  • Date Introduced: November 30, 2023
  • Date Finalized: December 22, 2023

Issues

  • Communications and Technology

    • Task Forces

  • Communications and Technology

    • Related Articles

    Tags

  • Artificial Intelligence
  • SNPS 2023

    • Summary

    This Act is to be added to [state]’s revenge porn statute to extend its coverage to digitally created, maliciously distributed pornography. This Act clarifies that manipulated pornographic media depicting an identifiable person’s face that is digitally substituted on another person’s body, when distributed without authorization of the person and with the intent to cause harm, is unlawful. This resolves uncertainty as to whether malicious, non-consensual deepfake pornography is punishable 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.
    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 face is involved.
    5. “Sexual conduct” means actual or simulated sexual intercourse, outercourse, masturbation, bestiality, or sexual sadism.

    Section 3. {Prohibitions}

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

    Unlawful dissemination or sale of images of another; penalty.

    A person commits the unlawful dissemination or sale of images of another if the person:

    A. intentionally or knowingly distributes a deepfake with a deepfake with the face of a natural person

      1. Depicting that person engaging in sexual conduct that the actual person did not actually engage in;
      2. with intent to coerce, harass, or intimidate;
      3. where the distributor knows or has reason to know that the distribution was not consented to by the natural person whose face is depicted in the deepfake.

    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. {Rule of Construction}

    “Deepfake” shall not be interpreted to include any constitutionally protected speech, including works of political, artistic, or newsworthy value, including commentary, criticism, satire, or parody.

    Section 5. {Safe Harbor}

    It shall not be a violation of this Act to publish digitally manipulated media that includes a clear disclosure that would cause a reasonable person to understand that the visual media is not a record of a real event.

    Section 6. {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.

    Section 7. {Enforcement}

    An individual may bring an action under this Act to recover actual or statutory damages, whichever is greater. Juries may consider punitive damages. Statutory damages shall not exceed {suggested limit of $10,000].