It is now illegal in Michigan to share or create AI-generated porn that depicts real people without their consent.
Gov. Gretchen Whitmer on Tuesday, Aug. 26, signed bipartisan legislation into law banning “deepfake” porn in the state.
The law went into effect the same day, and a person now faces up to three years in prison and a civil lawsuit if they create or distribute nonconsensual deepfake porn.
“As a county prosecutor, I went after people who used their power to prey on others,” Whitmer said. “Now, as governor, I’m proud to sign these bipartisan bills into law, so we can protect Michiganders from this rising form of sexual exploitation. I’ll keep working with anyone to protect Michiganders from blackmail or retribution, because no one should have to live in fear. Together, let’s get it done.”
Deepfake porn refers to believably realistic but fake sexual videos, images or audio that are created by artificial intelligence or other digital tools and use the likeness of a real person that wasn’t originally participating in the intimate act.
An example of this is using technology to edit an image of a nude person or someone engaged in a sexual act by swapping that person’s face with the face of another person from another image.
The growing accessibility and capability of artificial intelligence tools have only increased the issue.
“These bills mark the beginning stages of a long, bumpy journey that our state faces when trying to regulate artificial intelligence, yet my hope is that these bills will serve as another example that progress is possible when it comes to regulating AI,” said one of the bill sponsors, state Rep. Penelope Tsernoglou, D-East Lansing.
Celebrities are most often targeted, as seen in 2024 when sexually explicit deepfake images of Taylor Swift circulated online. This sparked a nationwide push for legal protections, like the ones Michigan has enacted.
A number of states have banned deepfake porn. At the federal level, it was made illegal in May to “knowingly publish” or threaten to publish intimate images of a person, including deepfakes, without their consent, the Associated Press reports.
Children, teens and other adults have also been in the crosshairs. School leaders in West Michigan last year warned parents and students of the use of deepfake technology in sextortion schemes targeting children.
“With the governor’s signature, Michigan is making it clear that non-consensual intimate deepfakes have no place in our state. This law protects the dignity and privacy of every citizen and gives victims the tools they need to seek justice,” said another of the bill sponsors, state Rep. Matthew Bierlein, R-Vassar. “Technology should be used to improve lives, not to exploit them – and today we’ve taken an important step to ensure that.”
Under the new law, a person is guilty of a misdemeanor if they create or send deepfake porn of a person without their consent. That misdemeanor is punishable by up to one year in prison and up to $3,000 in fines.
To prove consent, a person needs a written agreement from the depicted individual that outlines a description of the approved deepfake.
A felony charge could be issued if any of the following apply to the nonconsensual deepfake porn:
- The subject of the deepfake suffers financial loss because of it
- A person maintains an online website for creating or distributing the deepfake
- A person posts the deepfake on a website
- A person creates or distributes the deepfake with an intent to make profit
- A person uses the deepfake to harass, extort or threaten the depicted person
- A person has previously been convicted of a misdemeanor deepfake porn charge
The felony charge is punishable by up to three years in prison and a fine of up to $5,000.
The new law also allows someone to file a civil lawsuit against a person who created or shared a deepfake if they did so knowing it would cause physical, emotional, reputational or economic harm to the person depicted.
A person could also be sued if they created or distributed a deepfake to harass, extort, threaten or cause physical, emotional, reputational or economic harm to the person depicted.
The civil suit would allow the victim to seek financial compensation from the perpetrator and an order from a judge to cease the creation or distribution of the deepfake.
A judge could also issue a civil fine of up to $1,000 per day if the perpetrator defied an order to cease distribution or creation of the deepfake, with the money going to the victim.
Internet service providers, telecom networks, or educational or library systems that provide for the transmission of nonconsensual deepfakes or access to them are not liable under the law.
Tech companies that develop and distribute technology capable of creating deepfakes are not liable under the law if the technology was not marketed for that use and if that use was explicitly prohibited.
If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.
