U.S. lawmakers, led by Representative Joseph Morelle of New York, have reintroduced the Preventing Deepfakes of Intimate Images Act, seeking to make sharing fake nude images a federal crime. The legislation, originally authored in May 2023, proposes amendments to the Violence Against Women Act Reauthorization Act of 2022, focusing on protections against nonconsensual disclosure of digitally manipulated intimate images, commonly known as deepfakes.
The bill explicitly criminalizes the disclosure of nonconsensual intimate deepfakes intended to harass, harm, or alarm the victim. Penalties range from fines and up to 2 years imprisonment, increasing to 10 years if the disclosure could impact government functions or facilitate violence. Notably, defenses for unauthorized deepfakes or lack of victim participation are prohibited.
Furthermore, the bill grants individuals who are the subjects of nonconsensual intimate deepfakes the right to bring a civil lawsuit against the disclosure. Available damages include monetary gain by the defendant, actual damages (including emotional distress), or liquidated damages of $150,000, punitive damages, and attorney’s fees. Courts can also order injunctive relief. Exceptions are made for disclosures to law enforcement, as part of legal proceedings, matters of public interest, or disclosures intended to assist the victim.
The legislation shields interactive computer services from liability for voluntary, good-faith efforts to restrict deepfakes, aiming to provide victims recourse against malicious deepfakes while protecting online platforms attempting to curb them.
In a press statement, Representative Morelle emphasized the urgency of making deepfake pornography a federal crime, characterizing it as sexual exploitation and abuse. He expressed astonishment that such practices are not already illegal and asserted that the legislation aims to hold perpetrators accountable, particularly recognizing the efforts of young women like Francesca who are standing up against systemic oppression.
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