California Senate Bill 926 (SB 926): Fighting Against Nonconsensual Deepfake Porn

1. Overview

California Senator Aisha Wahab (D-Hayward) introduced California State Bill 926 (SB 926) on September 19, 2024. She also highlights the direct implementation of this bill. It is presented as an amendment to California Penal Code Section 647 for criminalizing the production and dissemination of nonconsensual deepfake pornography.

2. Scope of the Law

The bill, SB 926, expands the revenge pornography definition, which also includes computer-generated or digitally manipulated pictures depicting one’s intimate body parts or engaging in sex. The bill completely covers the deepfakes, and the pictures or videos developed to create authentic documentation for reputation harm. Furthermore, they are distributed in a manner most likely to inflict serious emotional distress upon the individual depicted in the picture.

3. Key Provisions

The Creation and Distribution: To produce and distribute, or cause the production and distribution of, any photorealistic, digital, electronic, computer-generated, or other pictorial depiction of a sexual act or intimate area of the body of another identifiable person is a misdemeanor.

Consent and Distress: The sharing should take place in a scenario where the person being portrayed is emotionally distraught, and the maintainer is aware or should be aware that the arrangement will cause severe distress to the depressed person.

Exceptions: There are certain other exceptions to the law, which consist of materials of public interest or concern and those shielded by the California or the US Constitution, such as newsworthy material or lawful proceedings of the state.

Definition of Digitization: Digitization is referred to as modifying an image realistically through employing image/images of a person, aside from the person who is being portrayed, or employing computer-generated images.

4. Fines & Enforcement

The offenders who are violating SB 926 are misdemeanor offenders. The penalty may be a fine, imprisonment, or both, at the discretion of the court. Criminal charges may ensue, and law enforcement agencies at the local level implement the law, and upon judgment or conviction, one can be criminally charged.

5. Distinguished Cases or Precedents

At the time of the most up-to-date information, no publicly observed instances have been reported under SB 926. This legislation has, however, been cited in legal arguments regarding the spread of nonconsensual deepfake pornography.

6. Comparison with the Global Standards

The SB 926 aligns with the global move towards deepfake legislation across the globe. The European Union AI Act categorizes AI systems according to their risk profile. Higher-risk systems have to adhere to tighter regulations. Likewise, the UK Online Safety Act 2023 bans the manufacturing and distribution of deepfakes that can harm others. SB 926 is significant since it addresses digitally manipulated content for nonconsensual pornography.

7. Implications

For Victims: If anyone has misused one’s picture in non-consensual deepfake pornographic content, then one can sue them under SB 926.

For Content Creators and Distributors: If anyone is engaged in making or distributing explicit material, then it is important to acquire appropriate consent so that they won’t face legal trouble.

For Legal Practitioners: SB 926 establishes a mechanism for dealing with cases of unauthorized deepfake pornography. It therefore also presents options for the victims to pursue justice and compensation.

8. Future Outlook

California’s SB 926 seeks to address problems regarding the increase of deepfake technology. This legislation was made in an attempt by lawmakers and their recognition that further limits are needed to deal with issues of digital manipulation and consent as it evolves through digital landscapes.  Either way, it’s a huge step towards promoting responsible use of technology and discouraging potential abuse.