Montana 2025 Regular Session

Montana Senate Bill SB413

Introduced
2/21/25  
Refer
2/24/25  
Refer
3/6/25  
Engrossed
4/3/25  

Caption

Criminalize disclosure of certain explicit AI-generated media

Impact

The enactment of SB413 would affect state laws surrounding privacy and the use of synthetic media technologies. As an explicit attempt to protect individuals from non-consensual sharing of deepfake content, the bill reflects a growing concern with regards to the implications of technology on personal privacy. The legal framework established by this bill intends to deter individuals from exploiting technology to harm others, thereby striving to create a safer digital environment. By categorizing such actions as criminal offenses, the bill could lead to increased legal accountability for those creating and sharing explicit synthetic media.

Summary

Senate Bill 413 aims to criminalize the disclosure of explicit synthetic media, commonly referred to as deepfakes. The bill stipulates that individuals who disclose such media without the consent of the identifiable person depicted, and in knowing circumstances that the disclosure would inflict substantial emotional distress, may face legal repercussions. The penalties for such disclosures range from fines to imprisonment, depending on the nature of the offense and the age of the individual portrayed in the media. Specifically, if the disclosed media involves a person under 18 years of age, more severe consequences apply including potential imprisonment for up to 10 years.

Sentiment

The sentiment around SB413 is largely supportive among advocates for personal privacy and digital safety. Proponents argue that the legislation is a necessary step to safeguard individuals from the damaging effects of non-consensual explicit content, which can lead to reputational harm and emotional distress. On the contrary, some critics may voice concerns over potential implications for free speech and the broader interpretations of consent in digital media. These discussions highlight a balance between protecting privacy rights and ensuring that the capabilities of technology can be used ethically and responsibly.

Contention

Notable points of contention involve the definitions and scope of what constitutes 'explicit synthetic media'. There is a concern among some stakeholders regarding the bill's potential overreach, as it might inadvertently limit legitimate uses of synthetic media, such as in educational contexts or artistic expressions. Furthermore, the accountability of interactive computer services in regard to content sharing raises additional questions about liability and the responsibility of these platforms in monitoring synthetic media circulation.

Companion Bills

No companion bills found.

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