USA: Minnesota Deepfake Law: HF 1370 Explained

1. Overview 

In May of 2023, Minnesota passed a sweeping law aimed at the non-consensual distribution of deepfakes, House File 1370 (HF 1370). From a key concern for lawmakers, this law is aimed at protecting voters from sexual images generated by artificial intelligence and protecting the integrity of the election from biased media. The law will come into force on August 1, 2023, and will not apply to data on media when preparing for a Presidential Election.

 2. Legal Scope

 Knowingly disseminating deepfakes that accurately depict: The represented person engaging in a sexual act; The intimate parts of another person are presented as the represented person’s; or The represented person is shown engaging in a sexual act is illegal under HF 1370. Additionally, it is illegal to use deepfakes for electioneering within ninety days of the election. For legal reasons such as criminal investigations and reporting, there are exceptions permitted.

3. Major  provisions

Prohibited Acts: A person may be sued for the non-consensual publication of a deepfake if they published a deepfake knowing that the subject of the deepfake did not agree to its public release. The deepfake accurately depicts the subject in one of the following scenarios: the intimate parts of another person are shown as the represented person’s; artificially produced intimate parts are shown as the represented person’s; or the person is shown engaging in sexual activity; and the person is identifiable.

Consent Requirements: Permitting the creation of a deepfake does not prevent its unapproved distribution.

4. Fines and Enforcement

Penalties and Fines: Non-consensual sexual deepfake offences are gross misdemeanours that carry a maximum sentence of three years in prison and/or a $5,000 fine.  A punishment of about $10,000 and/or five years in prison can be imposed for the dissemination of election-related deepfakes within ninety days before an election in an attempt to influence voters.

5. Notable Cases or Precedents

 There haven’t been any documented instances of HF 1370 being tested in court yet. Nonetheless, the law has been criticised for purported First Amendment infractions and challenged in court.

6. Comparison to Global Standards

In contrast to international standards, one of the more stringent state laws in the US regarding deepfakes, particularly election interference, is Minnesota’s HF 1370. HF 1370 makes some uses of deepfakes illegal, while the EU’s AI Act emphasises transparency and labelling. 

7. Useful Implications

When using AI-generated media, content producers and political players need to exercise caution and make sure they are adhering to consent and disclosure requirements. Both criminal prosecution and civil relief are available to victims of illegal deepfake distribution.

 8. Prospects for the Future

To strengthen HF 1370, amendments have been proposed, such as prohibiting candidates convicted under the law from seeking public office. The balance between the right to free speech and safeguards against harmful deepfake content is a topic of discussion these days.