If enacted, SB 1108 will amend the Texas Penal Code, particularly Section 21.165, which previously addressed the unlawful production and distribution of certain sexually explicit videos. Under the amended provisions, individuals who produce or distribute deep fake visual material without the effective consent of the depicted individual will be committing an offense. This change is expected to significantly impact how technologies such as deep fakes are utilized in the state, emphasizing the importance of consent in visual representations.
Summary
Senate Bill 1108 aims to address the issue of sexually explicit visual material, specifically focusing on the unlawful production or distribution of deep fake videos. The bill defines deep fake visual material as videos created with the intent to deceive, portraying a real person performing actions that did not occur. This legislation is particularly relevant in the context of the growing concerns surrounding the misuse of technology to create misleading or harmful content, especially in sexually explicit contexts. By introducing this bill, the Texas Legislature seeks to bolster protections against non-consensual pornography and other exploitative uses of visual media.
Contention
Discussions surrounding SB 1108 may involve points of contention regarding the balance between technological advancements and individual rights. Supporters of the bill argue that it is crucial for preventing the exploitation of individuals through misleading media representations. However, there may be concerns related to the enforcement of such legislation, including how to define deep fakes effectively and the potential implications for artistic expression and parodic content. As society grapples with the ethical implications of deep fake technology, this bill represents a step toward establishing clearer guidelines and responsibilities in digital media production.
Relating to changing the elements of the offense of possession or promotion of lewd visual material depicting a child and to the prosecution and punishment of that offense and the severability of certain related penal laws.