USA’s DEEPFAKES Accountability Act: Key Provisions & Penalties

1. Overview

The United States House of Representatives introduced the DEEPFAKES Accountability Act on April 8, 2021. The purposes of this act include restricting the availability of misinformation made using deepfake technology, as making, disseminating, and offering deepfakes for dissemination is prohibited. The federal government is also required to look for and remove deepfakes. In addition, the Act aims to standardise digital watermarks and require consumers to report corrupted media.

2. Scope of the Law

The Act addresses the creation and dissemination of deepfakes, or media that has been manipulated to make it appear as though it depicts real individuals with the use of artificial intelligence. This is the case with visual, audio, and video that are shared across state or national boundaries. It has some acceptable uses, and these include: satires, parody, and actual news reporting.

3. Key Provisions

Digital Watermarking: It requires deepfakes containing moving visual elements to include an embedded digital watermark clearly identifying the content as altered.

Disclosure Requirements:

Audiovisual Records: Mandates a verbal and visual disclosure indicating the content is a deepfake.

Visual Records: Requires a visual disclosure stating the content is a deepfake.

Audio Records: Mandates an audio disclosure indicating the content is a deepfake.

Software Manufacturer Restrictions: Demands software developers to make sure their products are technically capable of adding disclosures and watermarks in the event that the program is thought to be used to create deepfakes.

Federal Task Force: Provides the Department of Homeland Security instructions to form a task force to further efforts to counteract the threats that deepfakes pose to national security, investigate and create technologies to identify deepfakes, and assist other federal agencies that are investigating these technologies.

4. Fines & Enforcement

• Criminal Penalties: Producing or distributing non-compliant deepfakes can lead to fines and prison sentences of up to five years. 

• Additionally, altering deepfakes to hide or eliminate required disclosures may also result in fines and similar prison terms.
• Civil fines: The victims can turn to civil prosecution to receive damages.
• Enforcement: Federal enforcers enforce the Act, such as the Department of Justice and the Department of Homeland Security.

5. Notable Cases 

Up to date, the DEEPFAKES Accountability Act is not a law, and hence, no cases or precedents have ever been established under the DEEPFAKES Accountability Act.

6. Comparison to Global Standards

The DEEPFAKES Accountability Act supports efforts around the world to manage deepfake technology. Following the European Union, the AI Act draws very strict regulations around high-risk AI applications by categorizing the applications according to their risk on a scale. In the same way, the Online Safety Act of 2023 in the UK criminalized the production and distribution of deepfakes with the purpose of causing harmful effects. 

7. Implications

Content Creators: To avoid legal liabilities, make sure deepfake content that is created is watermarked and accompanied by disclosure.

To Software Developers: Create software that allows ordinary users to make legally unproblematic deepfakes, with capabilities of displaying the disclosures required to make them legally acceptable.

To Legal Professionals: Advise the clients regarding the laws on the creation and circulation of deepfakes, and inform them of the possible civil liability they may face.

8. Future Outlook

The U.S. Congress is currently considering the DEEPFAKES Accountability Act. It will offer a federal framework to address the issues caused by deepfake technology if it is passed. Further amendments could be proposed to address new concerns regarding deepfakes and AI-generated content, according to ongoing discussions within the legal community and developments.