Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes civil action against certain AI deepfakes in Michigan.

Highlights:

• Prohibits the creation and dissemination of “deep fake” media falsely sexually portraying a depicted individual without their permission (Sec. 1-9).

• Defines “deep fake” as a video recording, motion-picture film, sound recording, electronic image, or photograph, or a technological representation of speech or conduct substantially derivative of such a recording, film, image, or photograph, that is not an original recording of an actual occurrence or an original photograph without substantial modification to which both of the following apply (Sec. 1-9):

• It is so realistic that a reasonable person would believe it depicts the speech or conduct of a depicted individual;

• The production of it was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate the depicted individual.

• Defines a “depicted individual” means an individual in a deep fake who is identifiable by the person's face, likeness, or other distinguishing characteristic (Sec. 1-9).

• Defines “Dissemination” means distribution to 1 or more persons, other than the individual depicted in the deep fake, or publication by any publicly available medium (Sec. 1-9).

• Specifies the creation and distribution of deep fake media falsely portraying an identifiable individual in a sexual manner without their permission as a crime with criminal penalties ranging from (Sec. 1-9):

• A misdemeanor offense with up to a $3,000 fine and one year in prison upon first conviction; or

• A felony offense with up to a $5,000 fine and a 3-year prison sentence if the following apply:

• The depicted individual suffers financial loss because of the creation or dissemination of the deep fake;

• The individual creates or disseminates the deep fake with the intent to profit from the dissemination;

• The individual maintains an internet website, online service, online application, or mobile application to create or disseminate the deep fake;

• The individual posts the deep fake on a website;

• The individual creates or disseminates the deep fake with the intent to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to the depicted individual; or

• The individual has previously been convicted of a violation.

• Specifies that the provisions of this bill shall be severable and shall take effect immediately upon passage and approval by the Governor (Sec. 10).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes civil action against certain AI deepfakes in Michigan.

Highlights:

• Prohibits the creation and dissemination of “deep fake” media falsely sexually portraying a depicted individual without their permission (Sec. 1-9).

• Defines “deep fake” as a video recording, motion-picture film, sound recording, electronic image, or photograph, or a technological representation of speech or conduct substantially derivative of such a recording, film, image, or photograph, that is not an original recording of an actual occurrence or an original photograph without substantial modification to which both of the following apply (Sec. 1-9):

• It is so realistic that a reasonable person would believe it depicts the speech or conduct of a depicted individual;

• The production of it was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate the depicted individual.

• Defines a “depicted individual” means an individual in a deep fake who is identifiable by the person's face, likeness, or other distinguishing characteristic (Sec. 1-9).

• Defines “Dissemination” means distribution to 1 or more persons, other than the individual depicted in the deep fake, or publication by any publicly available medium (Sec. 1-9).

• Specifies the creation and distribution of deep fake media falsely portraying an identifiable individual in a sexual manner without their permission as a crime with criminal penalties ranging from (Sec. 1-9):

• A misdemeanor offense with up to a $3,000 fine and one year in prison upon first conviction; or

• A felony offense with up to a $5,000 fine and a 3-year prison sentence if the following apply:

• The depicted individual suffers financial loss because of the creation or dissemination of the deep fake;

• The individual creates or disseminates the deep fake with the intent to profit from the dissemination;

• The individual maintains an internet website, online service, online application, or mobile application to create or disseminate the deep fake;

• The individual posts the deep fake on a website;

• The individual creates or disseminates the deep fake with the intent to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to the depicted individual; or

• The individual has previously been convicted of a violation.

• Specifies that the provisions of this bill shall be severable and shall take effect immediately upon passage and approval by the Governor (Sec. 10).

Full Bill Text