The Michigan House of Representatives this week passed legislation prohibiting the non-consensual creation and dissemination of sexual content generated by artificial intelligence. Supporters of the proposal say it is needed to protect people from potential abuse as AI image generators become more advanced.
Specifically, the bills passed Wednesday in the House establish criminal penalties and civil liabilities for creating and sharing “deepfake” images of an individual that are sexually explicit.
Deepfakes, as defined by the bills, are videos, photographs, images or audio recordings that are produced “substantially relying on technical means” and depict an individual who is identifiable by their image or personal information. Deepfakes are considered “so realistic that a reasonable person would believe they represent the speech or conduct of a depicted individual.”
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The rise of generative AI as an easily accessible tool has led to numerous image generators being easily usable, some of them free of charge. While many popular image generators, like MidjourneyAI, have guidelines prohibiting adult content, studies have found that there are others that can create explicit content.
Under the bills, victims could bring civil actions against an individual who violates the ban, including for damages, injunctions and temporary restraining orders. Criminal penalties could include fines and possible jail terms, ranging from one year to three years, depending on whether the person spreading the images intends to profit from them, or to harass or extort the victim.
Supporters of the proposal say that as AI image generators improve, there is a need to ensure there are consequences for the creation and spread of non-consensual sexual deepfakes.
“Passage of this bill was a crucial step in the effort to protect the people of Michigan from the abusive and exploitative act of creating or sharing non-consensual intimate deepfakes,” Rep. Penelope Tsernoglou, D-East Lansing, said in a statement. .
“The vast majority of victims depicted in nonconsensual intimate deepfakes are women who, across the country, have experienced mental anguish, financial harm, and even suicide as a direct result of these false depictions.”
Both House Bill 5569, introduced by Tsernoglou, and House Bill 5570, introduced by Rep. Matthew Bierlein, R-Vassar, passed by margins of 108-2. They now advance to the Senate for consideration.
Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.
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