Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act.
The bill introduces a framework for individuals whose likenesses are misused in deep fakes, allowing them to bring civil actions against perpetrators. Should a deep fake cause emotional or reputational harm, the responsible party is liable for damages. This legislation is significant as it seeks to establish legal recourse for victims of deep fake harassment, who previously lacked adequate protections under state law. By categorizing the dissemination of these malicious images as punishable offenses, the bill enhances the safety of individuals against emerging digital threats.
House Bill 4047, also known as the Protection from Intimate Deep Fakes Act, aims to combat the creation and dissemination of nonconsensual deep fake pornography. This legislation seeks to impose civil liabilities and prescribe criminal penalties for individuals who create or share deep fakes that depict others in intimate situations without consent. The bill defines deep fakes as realistic technological representations that misrepresent individuals by depicting them engaging in sexual acts or showing their intimate parts in a misleading context.
While many support HB4047 as a necessary step toward protecting individual privacy rights in the digital age, there are concerns about its potential implications on free speech and artistic expression. Critics argue that the vague definitions surrounding 'deep fake' and 'intimate depictions' could lead to misuse of the law, potentially stifling legitimate online content creation and media expressions. Furthermore, the bill requires explicit consent for any portrayal that could lead to civil liability, raising questions on how consent can be effectively regulated and enforced in a digital landscape.