Deepfake Pornography and the DEFIANCE Act

 Posted on August 15, 2024 in Sex Offenses

AI technology is developing and spreading fast. There are so many computer-generated images out there that it can be hard at times to know what is authentic and what is not. A fairly recent trend involves using "deepfakes" to create pornographic content. That means that a real person’s voice and face are manipulated to seem like they are engaged in sexually explicit behavior when they are not.

With questions arising about consent, privacy, and freedom of expression, emerging laws are criminalizing some of these practices. If you use AI technology to produce videos and images, make sure to contact a knowledgeable Naperville, IL criminal defense attorney who can explain developing laws and help you avoid accidentally violating them.

What is the DEFIANCE Act?

A fairly new act has been introduced to regulate how manipulated images, or deepfakes, are used in pornographic content. Known as the Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024, or the DEFIANCE Act, this piece of legislation is focused on criminalizing the production, distribution, and possession of deepfake pornography if the person depicted in it has not given their consent for their likeness to be used in it.

While consent is a major aspect of this act, liability and enforcement are also important factors. If someone appears in the content without having given their consent, you could be charged for violating the DEFIANCE ACT even if you did not create the content. Possessing it and sharing it with others is enough for the person whose image or voice are used to sue you for damages.

Who Is Affected by the DEFIANCE Act?

Many people can be found liable under the DEFIANCE Act, including:

• Anyone who creates deepfake pornography

• Anyone who possesses deepfake pornography with the intention of distributing it

• Anyone who receives and distributes deepfake pornography with the knowledge that the victim did not give their consent to be depicted in it

The statute of limitations for enforcement of the DEFIANCE Act is ten years, so the impact can be quite significant and far-reaching.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

If you deal with digital content and are concerned that new laws regulating pornographic deepfakes might get you in trouble, speak with a skilled Naperville, IL criminal defense attorney to find out more. At the Law Office of Philip R. Nathe we are passionate about helping our clients avoid criminal charges. Call us at 630-416-7600 to schedule a free consultation.