Montana lawmakers are examining a proposal that would criminalize the creation and distribution of sexually explicit deepfakes generated by artificial intelligence. The measure targets content that portrays individuals in explicit scenarios without their consent, aiming to curb a practice that many believe has serious personal and societal repercussions.
The proposal is a response to increasing concerns about the potential harm caused by AI-generated images that appear to depict individuals in sexually explicit contexts. Lawmakers and digital rights advocates argue that such deepfakes can be used to damage personal reputations and undermine the dignity of those depicted. The proposed law would make it illegal to create or disseminate such content without explicit consent from the individuals involved. Lawmakers emphasize that the intent is to protect personal privacy and prevent exploitation rather than to restrict free expression in cases where content is created consensually.
Supporters of the proposal stress the need for robust legal measures to address a gap in current law. They note that existing statutes do not always cover the nuanced challenges posed by AI technology. The measure is intended to provide a clear legal standard that explicitly prohibits the non-consensual use of deepfake technology for sexually explicit purposes. Lawmakers argue that by criminalizing such behavior, you gain an important layer of protection against a form of digital exploitation that has become all too common in the modern media landscape.
Opponents have raised concerns about the potential for overreach and unintended consequences. Critics argue that the definitions within the proposal may be too broad and could inadvertently capture content that is intended for legitimate artistic expression or satire. They worry that the law might be used to suppress controversial content, even when no harm is intended. The debate is centered on finding a balance between protecting individuals from abuse and preserving freedom of creative expression.
Experts on digital ethics have highlighted the profound personal impact that non-consensual deepfakes can have on those affected. They point out that once such images are disseminated online, they can cause lasting harm to a person’s reputation and mental well-being. The proposal seeks to offer a legal remedy by imposing criminal penalties on those who use AI to create sexually explicit content without consent. Lawmakers insist that the measure is about accountability and ensuring that the digital realm remains a space where personal rights are respected.
The proposed measure is part of a larger national debate about how to regulate emerging technologies that challenge existing legal frameworks. Lawmakers in other states have observed Montana’s efforts with interest, and similar proposals have been floated elsewhere.
The State of Hawaii enacted such a law in 2021. The statute can be found at Hawaii Revised Statute Section 711-1110.09(c).
Subsection (c) makes it a felony if a person intentionally creates or discloses or threatens to disclose an image or video of a composite fictitious person depicted in the nude as defined in section 712-1210, or engaged in sexual conduct as defined in section 712-1210, that includes the recognizable physical characteristics of a known person so that the image or video appears to depict the known person and not a composite fictitious person, with intent to substantially harm the depicted person with respect to that person's health, safety, business, calling, career, education, financial condition, reputation, or personal relationships, or as an act of revenge or retribution.
The legislature's rational for enacting the law: The State's twenty-first century privacy task force recommended that the State protect the privacy of a person's likeness by adopting laws that prohibit the unauthorized use of deep fake technology, which had been advancing rapidly and is easily sharable on social media. The legislature further found that deep fake technology enables the creation of synthetic media in which a person in an existing image or video is replaced with the likeness of another person.
Other states have enacted similar laws.
The spirit of the law: protect innocent people from blackmail and harassment.
The side effects: limit free speech. Strengthen the ability/jurisdiction to limit free speech.
If the medium isn’t AI, but rather say it was photography + photoshop would it still be criminal? What if it is a really good drawing shared online? Just wondering where the lines get drawn (pun intended).
I’m in favor of such a law I think generally, I just hope we’re careful and thoughtful about the implementation.