On Wednesday, a group of US Senators introduced a new act called the NO FAKES Act of 2024. This act aims to protect individuals from having their digital likeness replicated without their consent. The law would hold both individuals and companies accountable for creating, hosting, or sharing unauthorized digital replicas, particularly those generated by AI technology.
The introduction of this act comes after the Senate passed the DEFIANCE Act, which allows victims of sexual deepfakes to seek damages. This move reflects a growing concern among lawmakers about the misuse of AI technology to create fake content, including fake celebrity endorsements, political propaganda, and even pornographic deepfakes of individuals.
The NO FAKES Act introduces a “digital replication right” that gives individuals control over the use of their voice or visual likeness in digital replicas. This right extends for 70 years after an individual’s death, with possible extensions if actively used. The act defines a “digital replica” as a computer-generated representation of an individual’s voice or visual likeness.
While the act aims to protect individuals’ rights, it also includes provisions to balance intellectual property protection with freedom of speech. Exceptions are made for works such as documentaries, biographies, and parodies that fall under First Amendment protections. However, there may be challenges in enforcing these exceptions without specific court decisions.
The NO FAKES Act has garnered support from various entertainment industry groups and companies, including SAG-AFTRA, RIAA, and The Walt Disney Company. Tech companies like IBM and OpenAI have also backed the act, emphasizing the need to protect creators and artists from unauthorized digital replicas.
Senator Coons highlighted the collaborative effort behind the bill’s development, acknowledging the bipartisan partnership and support from stakeholders in the entertainment and technology industries. The goal is to strike a balance between the benefits of AI technology and the protection of individuals’ rights and dignity.
Overall, the NO FAKES Act represents a significant step towards addressing the growing concerns surrounding unauthorized digital replicas and deepfakes. By creating legal recourse and establishing guidelines for the use of digital likenesses, this legislation aims to protect individuals from exploitation and misuse of their voice and visual representations in the digital realm.
