Technical

Deep fake video

Video created with intent to deceive depicting fabricated actions.

How the laws define this

Both standard descriptions agree that a deep fake video fundamentally consists of content created with the intent to deceive that falsely appears to depict a real person performing an action that did not occur in reality. Both require a baseline of intentional deception that depicts an actual individual engaging in unperformed behavior. The primary point of divergence lies in the targeted context and scope of application. Texas SB 751 applies this term within the specific framework of elections, covering actions or statements to distinguish malicious fabrications from other altered media. Conversely, another statutory definition focuses exclusively on non-consensual sexually explicit content, targeting intentionally deceptive synthetic media used to portray a person in sexually explicit situations without consent to establish a criminal offense.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

Definitions (2)

A video created with the intent to deceive that appears to depict a real person performing an action that did not occur in reality; the statutory definition targets intentionally deceptive synthetic media used to portray a person in sexually explicit situations without consent.

As defined by Texas SB 751, a deepfake video is content created with the explicit intent to deceive, which falsely appears to show a real individual engaging in an action or statement that did not happen in reality. This definition is crucial for distinguishing malicious fabrications from other forms of altered media.