US bill to make AI deepfakes made without consent illegal

The bill is endorsed by OpenAI, Disney, SAG-AFTRA and a host of other big voices in music and entertainment.

A group of US senators have introduced a No Fakes Act to make the creation of voice and visual likenesses of people, such as AI deepfakes, illegal without their consent.

Senators Chris Coons, Marsha Blackburn, Amy Klobuchar and Thom Tillis introduced the No Fakes Act in the US Congress yesterday (31 July), following months of discussion and stakeholder consultations.

The bill aims to hold individuals or companies liable for damages for producing, hosting or sharing AI deepfakes of people in audiovisual content that they “never actually appeared in or otherwise approved”.

This means that the person or group committing the crime will have to take down the deepfake after receiving a notice from the victim. It excludes documentaries and biographical works, or for the purposes of criticism and parody, under US First Amendment protections.

The bill is endorsed by OpenAI, IBM, Disney, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and a host of other music and entertainment bodies.

Senator Coons, who is chair of the Senate Judiciary Committee’s Intellectual Property Subcommittee, said the reason for introducing it is because everyone deserves the right to own and protect their voice and likeness, “no matter if you’re Taylor Swift or anyone else”.

“Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorised exploitation of anyone’s voice or likeness,” Coons said. “[The bill aims to] find the balance between the promise of AI and protecting the inherent dignity we all have in our own personhood.”

Since the Hollywood strikes last year, AI has been responsible for another wave of strikes in the entertainment media sector – this time in video games.

The Hollywood writers’ strike ended last year after a deal was reached around the use of AI, which was followed by SAG-AFTRA approving a similar deal for actors. SAG-AFTRA also reached a “tentative” agreement with leading record labels earlier this year to protect musicians from AI technology.

Senator Blackburn, who is from Tennessee, said that her state is known around the world for its rich music history and “incredibly talented” creative community.

“Artists’ rights to their voice, image and likeness must be protected under the law, and the No Fakes Act is an important first step in protecting our creative community against the misuse of generative AI.”

Anna Makanju, vice-president of global affairs at OpenAI, added that creators and artists should be protected from improper impersonation and that “thoughtful legislation at the federal level can make a difference”.

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