HB 5548
Stop Non-Consensual Distribution of Intimate Deep Fake Media Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," aims to criminalize the creation and distribution of deepfake media depicting individuals engaging in sexual conduct without their consent. It defines key terms like "deep fake" and "non-consensual" and establishes penalties for those who distribute such material with malicious intent. The bill also includes provisions for injunctive relief to prevent future violations.
Key provisions
- Defines ‘deep fake’ as manipulated visual media falsely appearing to depict a person’s speech, conduct, or likeness.
- Prohibits the distribution of deepfakes depicting individuals engaging in sexual conduct without their consent.
- Establishes intent as a factor in determining liability, requiring distribution with the purpose of coercion, harassment, or reputational damage.
- Creates a penalty of imprisonment and/or fines for violations.
- Allows for injunctive relief to prevent future violations by the Attorney General, county prosecutors, the depicted individual, or injured parties.
- Excludes constitutionally protected speech from the definition of ‘deep fake’.
- Includes a ‘safe harbor’ provision protecting interactive computer service providers under Section 230 of the Communications Decency Act.
- Specifies that the bill does not preclude prosecution under other applicable statutes.
Who is affected
- Individuals whose likeness is used in deepfakes.
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