The Complex Landscape of Nonconsensual Deepfake Legislation

Deepfake pornography has become increasingly prevalent, with an estimated 90 percent of deepfake videos being pornographic in nature. The majority of these videos involve nonconsensual content, particularly targeting women. While the problem is widespread, many legislators seem to be more focused on political deepfakes.

Despite the prevalence of nonconsensual deepfakes, there seems to be a lack of comprehensive legislation to address the issue. Many states are more concerned with protecting electoral integrity through laws on political deepfakes. However, some legislators have begun to take action on nonconsensual deepfakes, recognizing the importance of addressing this issue.

One of the main challenges in tackling nonconsensual deepfakes is the lack of consistency in laws across states. The penalties for creating and sharing deepfakes, as well as the level of protection provided to victims, can vary significantly from one state to another. This inconsistency creates a challenging landscape for combating the proliferation of nonconsensual deepfakes.

Focusing on Minors

Some states have specific laws that focus on protecting minors from nonconsensual deepfakes. These laws aim to address the growing issue of middle and high school students using AI to create explicit content of their classmates. In cases involving minors, there is a general consensus that such actions are morally wrong, leading to stricter legislation to protect young individuals.

Legislation around nonconsensual deepfakes involving adults is more complex and contentious. Many laws require proof of intent, making it challenging to prosecute perpetrators. The ethical considerations surrounding nonconsensual deepfakes of adults are often ambiguous, further complicating the legal landscape.

While progress is being made in addressing nonconsensual deepfakes, there is a pressing need for more consistent legislation across states. The current patchwork of laws makes enforcement difficult and leaves victims vulnerable to exploitation. By establishing clearer and more comprehensive legislation, states can better protect individuals from the harmful effects of nonconsensual deepfakes.