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Almost Every State Has Its Own Deepfakes Law Now
Michigan just became the 48th state to enact a law addressing deepfakes, imposing jail time and penalties up to the felony level for people who make AI-generated nonconsensual abuse imagery of a real person.
As such, these bills prohibit the creation of deep fakes that depict individuals in sexual situations and creates sentencing guidelines for the crime,” the press release states. Making a deepfake of someone is now a misdemeanor in Michigan, punishable by imprisonment of up to one year and fines up to $3,000 if they “knew or reasonably should have known that the creation, distribution, dissemination, or reproduction of the deep fake would cause physical, emotional, reputational, or economic harm to an individual falsely depicted,” and if the deepfake depicts the target engaging in a sexual act and is identifiable “by a reasonable individual viewing or listening to the deep fake,” the law states. But we already have federal law in place that makes platforms liable: the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks, or TAKE IT DOWN Act, introduced by Ted Cruz in June 2024 and signed into law in May this year, made platforms liable for not moderating deepfakes and imposes extremely short timelines for acting on AI-generated abuse imagery reports from users.
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