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"Deepfake" videos and images involving sexual situations are now against Michigan law

Michigan Capitol Building and Gov. Austin Blair statue against a blue sky.
Steve Carmody
/
Michigan Public
A real photo taken by a real human being named Steve Carmody of the actual Michigan state Capitol building.

As of this week — it is against the law to create and distribute a so-called "deepfake" photo or video of a real person, engaged in an imagined sex act.

Increasingly sophisticated artificial intelligence tools are being used to create extremely realistic looking photos and videos showing real people doing things they actually didn't.

In the case of deepfakes involving sex acts, proponents of the new law say they can do great damage to someone's reputation, career, and personal life.

A majority of Republicans and Democrats voted for the bills, which were signed into law on Tuesday by Governor Gretchen Whitmer.

“As a county prosecutor, I went after people who used their power to prey on others,” Whitmer said in a press release. “Now, as governor, I’m proud to sign these bipartisan bills into law, so we can protect Michiganders from this rising form of sexual exploitation."

People who violate the law can be charged with a felony, with a prison sentence up to four years. And victims of the perpetrators can sue in civil court for damages.

State Representative Matthew Bierlein (R-Vassar) was a co-sponsor of the bills, along with State Representative Penelope Tsernoglou (D-East Lansing).

“With the governor’s signature, Michigan is making it clear that non-consensual intimate deepfakes have no place in our state," Bierlein said in the press release. "This law protects the dignity and privacy of every citizen and gives victims the tools they need to seek justice. Technology should be used to improve lives, not to exploit them — and today we’ve taken an important step to ensure that.”

Tracy Samilton covers energy and transportation, including the auto industry and the business response to climate change for Michigan Public. She began her career at Michigan Public as an intern, where she was promptly “bitten by the radio bug,” and never recovered.
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