This bill, titled the "Preventing Deepfakes of Intimate Images Act," aims to combat the nonconsensual disclosure of intimate digital depictions, often referred to as deepfakes. It defines an intimate digital depiction as a digitally manipulated realistic visual image showing an identifiable individual's uncovered genitals, pubic area, anus, postpubescent female nipple, bodily sexual fluids, or sexually explicit conduct. This legislation establishes both civil and criminal penalties for the unauthorized sharing of these images. For civil actions, the bill grants victims a right of action to sue individuals who disclose such depictions without consent, knowing or recklessly disregarding the lack of consent. Victims can recover monetary damages, including actual damages for emotional distress or liquidated damages of $150,000, punitive damages, and attorney's fees. Courts may also issue equitable relief, such as injunctions to cease disclosure, while allowing plaintiffs to maintain anonymity. The bill specifies that consent to create an image does not imply consent to disclose it, and valid consent must be a written, signed agreement describing the depiction. It outlines exceptions for disclosures made in good faith to law enforcement, during legal proceedings, or for matters of legitimate public concern, but disclaimers do not serve as a defense. Furthermore, the legislation creates a new federal criminal offense for disclosing or threatening to disclose intimate digital depictions with intent to harm or reckless disregard for harm, carrying penalties of up to 10 years imprisonment for aggravated violations. Both the civil and criminal provisions include limitations on liability for interactive computer service providers who take good faith actions to restrict access to such depictions.
This bill, titled the "Preventing Deepfakes of Intimate Images Act," aims to combat the nonconsensual disclosure of intimate digital depictions, often referred to as deepfakes. It defines an intimate digital depiction as a digitally manipulated realistic visual image showing an identifiable individual's uncovered genitals, pubic area, anus, postpubescent female nipple, bodily sexual fluids, or sexually explicit conduct. This legislation establishes both civil and criminal penalties for the unauthorized sharing of these images. For civil actions, the bill grants victims a right of action to sue individuals who disclose such depictions without consent, knowing or recklessly disregarding the lack of consent. Victims can recover monetary damages, including actual damages for emotional distress or liquidated damages of $150,000, punitive damages, and attorney's fees. Courts may also issue equitable relief, such as injunctions to cease disclosure, while allowing plaintiffs to maintain anonymity. The bill specifies that consent to create an image does not imply consent to disclose it, and valid consent must be a written, signed agreement describing the depiction. It outlines exceptions for disclosures made in good faith to law enforcement, during legal proceedings, or for matters of legitimate public concern, but disclaimers do not serve as a defense. Furthermore, the legislation creates a new federal criminal offense for disclosing or threatening to disclose intimate digital depictions with intent to harm or reckless disregard for harm, carrying penalties of up to 10 years imprisonment for aggravated violations. Both the civil and criminal provisions include limitations on liability for interactive computer service providers who take good faith actions to restrict access to such depictions.