Deepfake Protection: New Rights and Penalties for Intimate Digital Images
This act introduces new laws to protect citizens from the unwanted distribution of intimate digital images, created or altered digitally (known as deepfakes). It grants victims the right to seek damages in court and establishes prison sentences for individuals who distribute such images without consent, especially if done with intent to harass or cause harm.
Key points
The act allows you to sue someone who distributes intimate digital images without your consent, even if the image is fake.
You can seek financial compensation, including for emotional distress, or a fixed amount of $150,000, as well as a court order to remove the images.
Distributing such images without consent, with intent to harass or cause harm, becomes a crime punishable by up to 2 years in prison, and in some cases, up to 10 years.
Consent to create an image does not imply consent to distribute it; consent must be in writing and clearly state how the image will be used.
The act does not apply to law enforcement actions, legal proceedings, matters of legitimate public concern (unless the only reason is being a public figure), or actions intended to assist the affected individual.
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