The bill amends the Revised Code to strengthen protections against unauthorized use of an individual's persona and addresses the growing concern of deepfake recordings. It redefines "persona" to include an individual's name, voice, signature, photograph, image, likeness, or distinctive appearance without requiring commercial value. New definitions for "deepfake recording" and "malicious deepfake recording" are introduced, mandating that individuals obtain written consent from the depicted person before creating or distributing such recordings. The bill also allows for civil actions against violators, enabling individuals to seek actual or statutory damages, as well as punitive damages in certain cases.
Additionally, the legislation clarifies the conditions for using an individual's persona, emphasizing the necessity of consent for commercial purposes while outlining exceptions for news, public affairs, and educational uses. It specifies that media platform owners or employees are not liable for unauthorized use unless they were aware of the violation. The bill establishes penalties for extortion and sexual extortion, categorizing them as felonies based on specific circumstances, and provides immunity to information service providers complying with court orders. It also includes provisions for statutory damages, attorney's fees, and the destruction of malicious deepfake recordings, while repealing several existing sections of the Revised Code to modernize the legal framework surrounding these issues.
Statutes affected: As Introduced: 2741.01, 2741.02, 2741.05, 2741.06, 2741.09, 2905.11