USA’s DEFIANCE Act: Legality and Consequences of Deepfakes

1. Overview

Targeting the illegal use of AI-generated media, the Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act) was introduced against the growing threat of non-consensual explicit deepfakes. Its key aim is to safeguard people from deepfake exploitation, especially in explicit media.

2. Coverage of the Law

The development, distribution, and use of deepfake media, including nude images and videos. The persons in misleading or damaging ways, unknowingly, are safeguarded under the DEFIANCE Act. It provides for the misuse of deepfakes for exploitation, harassment, or defamation. Furthermore, uses for art or education do not fall under the law, provided they don’t lead to harm or mislead the public.

3. Main Provisions

Prohibited Activities: Creation, sharing, or distribution of explicit deepfakes without permission is categorically prohibited by the DEFIANCE Act. That includes photoshopping images or videos with AI.

Consent Conditions: Under the act, individuals who are featured in deepfake material must provide their explicit consent before their image can be utilized in explicit or altered media. It is illegal to utilize a person’s image in deepfakes without their permission and consent.

Platform Responsibilities: Platforms hosting non-consensual deepfake content need to implement mechanisms to detect and remove it to address the issue. Upon being requested, social media platforms and sharing sites should delete offending content immediately.

4. Fines & Enforcement

Fines: The violators of the DEFIANCE Act can be given a possible 10-year prison term and a penalty of as much as $500,000. They can also be sued in a civil court for damages. The penalties for defamation and deepfake offenses are much stricter.

Enforcement: The DEFIANCE Act is enforced by the Federal Trade Commission (FTC) and the FBI, whereas criminal prosecutions are carried out by the Department of Justice. Platforms are also audited.

5. Global Standards Comparison

The DEFIANCE Act is more aimed at the production of deepfakes for ill uses, especially pornographic content. In comparison to broad AI legislation such as the EU’s AI Act, with wider controls, it is more specific on consent and deepfake harms.

6. Implications

Before persons’ images are used for deepfakes purposes, producers should obtain their permission.

For the removal and discovery of toxic content, platforms need better moderation and detection mechanisms. The deepfake exploitation victims either need to file cases in court or submit cases to the FTC.

7. Future Outlook

The DEFIANCE Act may be amended by legislators to tackle emerging issues regarding AI-generated content as its use continues to evolve. Subsequent revisions will likely focus on pushing detection technology and enhancing protections for those at risk of misuse of deepfakes.