- Proposed ban on ‘deepfake’ pornography passes Michigan House with wide bipartisan support
- Bills would criminalize creation and distribution of pictures or video falsely portraying sexual activity
- Supporters argue bills are necessary to protect victims of deepfake attacks, but some fear encroachment of First Amendment rights
LANSING — Michigan would become the latest state to criminalize the creation and distribution of fake, sexually explicit depictions of real people under legislation that passed the state House Wednesday.
Supporters of the bills say they’re necessary to combat an incendiary use of artificial intelligence known as “deepfakes,” or realistic media digitally altered to falsely portray a person engaging in sexual activity.
The technology improved since it emerged in 2017 and has often been used to target female celebrities, minors or people in abusive relationships, according to the Organization for Social Media Safety.
A bipartisan plan to criminalize non-consensual creation or dissemination of deepfakes or any media falsely showing a person engaging in sexual conduct passed the House Wednesday in a pair of 108-2 votes.
“With these bills, Michigan will continue to lead the nation in addressing and regulating the potential misuses of artificial intelligence,” sponsor Penelope Tsernoglou, D-East Lansing, said in a speech ahead of voting.
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Under the legislation, penalties for creating or distributing sexually explicit deepfakes could range from a misdemeanor to a three-year felony, depending on the severity of crime and whether the creator intended to profit from, harass or threaten the person falsely depicted.
The new legislation focuses on adult victims of deepfakes, as sponsors said similar crimes against minors are already criminalized under child pornography laws.
Creators of deepfakes could also be held liable in civil court under the bills, which would allow victims of the attacks to file civil actions against them.
Sensity AI, a research company tracking online deepfake videos since December 2018, estimates that nonconsensual pornography of women specifically accounts for 90% of all deepfakes on the internet.
