The "Preventing Deepfakes of Intimate Images Act" aims to protect individuals from the nonconsensual disclosure of digitally manipulated intimate images by establishing federal civil and criminal penalties.
Joseph Morelle
Representative
NY-25
The "Preventing Deepfakes of Intimate Images Act" amends existing laws to allow civil actions against individuals who disclose intimate digital depictions without consent, defining key terms and outlining available relief. It also establishes federal offenses for disclosing or threatening to disclose such depictions with harmful intent, setting penalties and protecting interactive computer service providers. This bill aims to protect individuals from the nonconsensual spread of digitally altered intimate images.
Deepfake Crackdown: New Bill Protects Victims of Non-Consensual Intimate Images
The "Preventing Deepfakes of Intimate Images Act" directly tackles the growing problem of non-consensual deepfake pornography. This bill makes it a federal crime to share, or even threaten to share, digitally altered intimate images without the depicted person's consent. It also opens the door for victims to take civil action against those who distribute such images.
Taking Back Control: Civil and Criminal Penalties
The bill introduces a two-pronged approach to combat this type of abuse. First, it amends the Violence Against Women Act Reauthorization Act of 2022 (VAWA), adding Section 1309, to allow victims to sue the person who shared the image. This means victims can seek financial compensation for things like emotional distress (with liquidated damages set at $150,000) and any profits the perpetrator made. They can also get court orders to force the removal of the images. Think of it like this: if someone creates a deepfake of you and posts it online, you can now take them to court, make them pay, and force them to take it down. The bill also specifies that consent to create a deepfake doesn't equal consent to share it. Consent has to be explicitly documented in plain language (Section 2).
Second, the bill adds a new section (2252D) to Title 18 of the US Code, making the sharing or threatened sharing of these images a federal crime. Penalties range from up to 2 years in prison and fines for general offenses, to up to 10 years and fines if the act is intended to influence government proceedings or incite violence. This criminal aspect sends a clear message: this behavior isn't just wrong, it's illegal.
Defining the Digital Battlefield
Crucially, the bill provides clear definitions for terms like "consent," "digital depiction," and "intimate digital depiction" (Section 2 and Section 3). This helps ensure that the law is applied consistently and fairly. "Intimate digital depiction" covers digitally manipulated images showing nudity, sexual acts, or the display of bodily fluids. "Consent" is specifically defined, requiring a documented, plain-language agreement.
Protecting the Platforms (and Good Samaritans)
The bill also shields online platforms (like social media sites) from liability if they take "good faith" actions to remove deepfakes or help others do so (Section 2 and Section 3). This encourages platforms to be proactive without fear of being sued for trying to do the right thing. There are also exceptions for disclosures made to law enforcement, as part of legal proceedings, or if it's genuinely a matter of "legitimate public concern" (Section 2) – though this last one is specifically not a free pass just because someone is famous. The bill states that if an individual makes a disclosure to law enforcement, that is protected. (Section 2).
Real-World Impact
Imagine a scenario where a vengeful ex creates a deepfake video of their former partner and posts it online. Under this bill, the victim could sue for damages, get a court order to have the video removed, and potentially see their ex face criminal charges. This provides a much-needed legal framework to address a form of abuse that can cause significant emotional, reputational, and even financial harm.