In today’s day and age AI is everywhere and while it can provide many benefits to individuals and companies it can also cause irreparable harm when used for nefarious purposes..like in the form of an AI deep fake adult image or video.
To combat the publication and spread of AI deep fake adult content the state is poised to send a bill to Governor Whitmers desk that imposes harsh criminal and civil penalties on those who produce and publish such images and videos without consent of those involved.
What the new law will do once signed:
Criminal penalties for creating or distributing non-consensual sexual deepfakes:
– Misdemeanor for first offense – up to 1 year in jail and/or up to $3,000 fine.
– Felony charges in aggravating circumstances (e.g., prior offenses, financial exploitation, posting on a site) – up to 3 years in prison and/or up to $5,000 fine.
Civil liability: Victims may sue if the content causes physical, emotional, reputational, or financial harm, or if the creator/distributor should have known it would cause harm or intended to harass, extort, threaten, or otherwise exploit.
Consent defense: Only valid if there’s a clear, written, and voluntarily signed agreement specifying the intimate depiction. Verbal or implied consent won’t cut it.
So in short if you create such content the only defense that would fly in court is if somebody provides a CLEAR, WRITTEN AND VOLUNTARILY SIGNED AGREEMENT. Simple word of mouth or implied consent won’t cut it and you’re on the hook for some serious legal penalties and monetary damages.
The bill passed the Senate unanimously on August 13th. It now heads back to the House for final approval before heading to Governor Whitmers desk for signature.
