Michigan has a new law on the books criminalizing the creation and distribution of so-called "deep fakes" that rely on technology to create sexually exploitative images.
Gov. Gretchen Whitmer signed the "Protection from Intimate Deep Fakes Act" into law Tuesday, Aug. 26, prohibiting manipulated videos, images or sound recordings that falsely portray the intimate parts of someone's body or show them engaged in a sexual act that never happened.
Under the new law, violators are guilty of a misdemeanor punishable by up to one year imprisonment, a $3,000 fine or both. Repeat violations are considered a felony under the law, punishable by up to three years' imprisonment, a $5,000 fine or both. The steeper punishment also applies to those who create a deep fake that leads to financial loss for the individual depicted, try to profit from the deep fake, maintain a website or mobile application to distribute sexual deep fakes, post a deep fake online or make a deep fake to harass, extort, threaten or cause harm to the individual depicted.
Whitmer said in a statement that the legislation will "protect Michiganders from this rising form of sexual exploitation."
The legislation passed with wide bipartisan support. A similar proposal passed the state House in the previous legislative session, but it never reached Whitmer's desk for her signature.
"Technology should be used to improve lives, not exploit them — and today we’ve taken an important step to ensure that," said bill sponsor state Rep. Matthew Bierlein, R-Vasser, in a statement. With the new law, Michigan joins other states that have already taken action to tackle sexually exploitative deep fakes, according to the National Conference of State Legislatures.
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Bill sponsor state Rep. Penelope Tsnerglou, D-East Lansing, said the legislation is part of a larger effort to make sure Michigan's policies keep pace with rapid changes in technology. "These bills mark the beginning stages of a long, bumpy journey that our state faces when trying to regulate artificial intelligence, yet my hope is that these bills will serve as another example that progress is possible when it comes to regulating AI," she said in a statement.
The latest regulations signed by Whitmer come after she approved in 2023 a requirement for disclaimers in political s that include content generated using artificial intelligence.
Contact Clara Hendrickson at [email protected] or 313-296-5743.
This article originally appeared on Detroit Free Press: Michigan has a new law criminalizing sexual deep fakes
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