The "Protection from Intimate Deep Fakes Act" establishes civil liability and criminal penalties for the nonconsensual creation or dissemination of deep fake sexual images in Michigan. The bill defines "deep fake" as a realistic technological representation that misrepresents an individual's speech or conduct, and outlines the rights of depicted individuals to take legal action against those who create or distribute such content without consent. Key provisions include the ability for affected individuals to seek damages for emotional, reputational, or economic harm, as well as the option for courts to grant injunctive relief to protect the privacy of plaintiffs.
The legislation also specifies that consent for the creation or dissemination of deep fakes must be documented in a clear, written agreement, and it provides defenses for lawful purposes such as criminal investigations or public interest reporting. Violations of the act can result in misdemeanor or felony charges, depending on the circumstances, with penalties including fines and imprisonment. Additionally, the act clarifies that certain entities, such as internet service providers, are not liable for the transmission of content created by others. The act is designed to take immediate effect upon approval.