The act specifically targets the unauthorized use of artificial intelligence in creating deceptive audiovisual content, which has implications on existing privacy laws and protections. By categorizing digital forgery as a civil matter, the bill strengthens the ability of individuals to seek compensatory damages, which may include both economic and non-economic damages related to their portrayal in such forgeries. This measure addresses a growing concern over digital manipulation and its potential to cause significant distress to individuals, thereby enhancing legal clarity in this emerging area of civil law.
SB2786, known as the Digital Forgeries Act, establishes legal recourse for individuals who are depicted in digital forgeries without their consent. This new act allows individuals to take civil action against anyone who knowingly distributes or creates a digital forgery that is intended to harass, extort, threaten, or cause harm to the depicted person. Additionally, it covers acts performed with reckless disregard for the potential harm their distribution might incite or if the forgery is meant to interfere with official proceedings. The regulation aims to safeguard individuals' reputations and emotional well-being in an increasingly digital world.
Notable contention revolves around the boundaries set by the act, especially in distinguishing between harmful forgeries and artistic expressions such as parody or satire. The legislation outlines exclusions for digital forgeries that are clearly marked as AI-generated. However, critics argue that the definitions provided may lead to complexities in enforcement and the potential chilling of creative expression. There is also discussion regarding consent, where the bill emphasizes that just because an individual consents to the creation of a forgery, it does not imply consent for its distribution, reflecting a broader conversation about personal agency in the digital age.