Legal Liability Against Pornographic Deepfakes

 Posted on August 07, 2024 in Criminal Law

We are privileged to live in a time where technological innovations are having a major impact on daily lives. However, it can sometimes feel hard to keep up with all the new advances and terms. One new term that comes up a lot these days is "deepfake''. A deepfake is a fake video or image that was created using AI technology. Deepfakes manipulate faces and voices to make it look like someone said or did something they didn’t actually do or say.

New laws are emerging to address these new technological capabilities, and you might not even be aware of the criminal charges you could face. For example, a new law prohibits non-consensual deep fake pornographic material. If you use emerging technologies to create fictitious photos or videos, speak with a knowledgeable Waukesha, WI criminal defense attorney to understand how to protect yourself legally.

Understanding the DEFIANCE Act

The Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024, otherwise known as the DEFIANCE Act, is a fairly new act addressing the manipulation of explicit images and videos, commonly known as deepfakes, without the consent of the person whose image you are using. It makes it criminal to create, distribute, and possess deepfakes made with AI technology that show someone in an explicit situation without their consent.

Keep the following points in mind to avoid getting charged under the DEFIANCE Act:

• Consent: Make sure you have the consent of anyone whose image you have used for images or videos you create. Especially if you are creating sensitive or explicit content, make sure to have clear proof of their consent.
• Liability: Even if you have not created an image or video that depicts someone in a compromising position, you could be liable for criminal charges just for sharing it with others.
• Stay informed: Digital privacy laws are constantly evolving to meet new needs. Make sure you are familiar with the latest legal restrictions to avoid accidentally violating any.

As with any area of criminal law, one of the best ways to stay out of trouble is to seek reliable legal guidance. If you are not sure whether something is legal, particularly regarding any deep fakes, speak with a lawyer who can explain the rules and protect you legally.

Schedule a Free Consultation with a Brookfield, WI Criminal Defense Lawyer

If you are worried you might be facing charges related to the DEFIANCE Act, speak with a qualified Milwaukee, WI criminal defense attorney. With new laws addressing new technologies, it can be difficult to know what is legal and what could have repercussions. At Bucher, Wolff & Sonderhouse, LLP, we are committed to helping our clients understand how to navigate digital content responsibly to avoid legal problems. Call us at  262-232-6699 to schedule a free consultation.