Forged Digital Likeness
An AI-generated visual or audio representation of a real person made to appear genuine but is not authentic.
How the laws define this
Regulators consistently define a forged digital likeness as a visual representation or audio recording of an actual individual that is digitally created, altered, or manipulated to appear authentic or falsely depict their appearance, speech, or conduct. The primary divergence among these sources centers on the required mental intent and technical scope. Pennsylvania SB 649 - Deepfakes Regulation explicitly limits its application to content generated or manipulated by artificial intelligence without consent and with malicious intent. The text concerning personality rights instead evaluates whether the manipulation is likely to deceive a reasonable person and misrepresents the individual. By contrast, the legislation titled An Act relating to distribution of a forged digital likeness focuses on a specific intent to defraud, harass, threaten, or intimidate, with one variation highlighting that digital means include artificial intelligence to address deepfakes, identity fraud, and non-consensual sexual depictions.
Synthesised from the 4 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first. Showing 3 of the 4 instruments that define this term; all are listed under Definitions below.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Pennsylvania, United States | Pennsylvania SB 649 - Deepfakes Regulation | In Force | Requires malicious intent for creation or distribution without consent, targeting fraud or injury, unlike broader scopes in others. |
| Washington, United States | Concerning personality rights. | In Force | Includes real-time transmissions and requires indistinguishability from genuine plus likelihood of deceiving a reasonable person. |
| Alaska, United States | An Act relating to distribution of a forged digital likeness; relating to crime and criminal procedure; relating to distribution of a generated sexual depiction; relating to generated obscene child sexual abuse material; relating to teaching certificates; relating to licensing of school bus drivers; relating to civil penalties for an organization that facilitates the generation of child sexual abuse material; relating to social media and minors; and providing for an effective date. | In Force | Limits to intentionally altered or created depictions falsely showing words or actions, emphasizing defraud, harass, threaten, or intimidate intents. |
What it triggers
- In Pennsylvania, creation or distribution of a forged digital likeness with intent to defraud or injure is criminalized.source
- In Washington, victims can pursue civil remedies for unauthorized forged digital likenesses.source
- In Alaska, distribution of a forged digital likeness is criminalized under HB 47.
Definitions (4)
A forged digital likeness refers to a visual representation or audio recording of a real person that has been generated or manipulated by artificial intelligence to appear genuine, but which is, in fact, not authentic. The Act targets instances where such a likeness is created or distributed without consent and with malicious intent.
A visual representation, which can be either persistent or transmitted in real-time, of an actual and identifiable individual, or an audio recording of an actual and identifiable individual's voice. It has been digitally created, adapted, altered, or modified to be indistinguishable from a genuine representation, misrepresents the individual's appearance, speech, or conduct, and is likely to deceive a reasonable person into believing it is genuine.
This refers to a visual representation or audio recording that has been intentionally altered or created using digital means to falsely depict a person's words or actions with the intent to defraud, harass, threaten, or intimidate. This definition is critical for addressing deepfakes and other forms of synthetic media used for malicious purposes.
This refers to a digital representation of a person, whether visual or auditory, that has been altered or created using digital means, including AI, with the intent to defraud, harass, threaten, or intimidate another person. This definition broadens the scope of digital manipulation beyond child sexual abuse material to encompass deepfakes and other forms of synthetic media that can be used for malicious purposes, such as identity fraud or non-consensual sexual depictions.
Not to be confused with
Digital forgery specifically denotes the criminal offense of creating or distributing forged digital likenesses with malicious intent, while forged digital likeness refers to the media itself.
Digital impersonation focuses on AI-generated synthetic media intended to deceive by mimicking a person, whereas forged digital likeness emphasizes visual or audio representations that are not authentic.
Questions and answers
What makes a forged digital likeness illegal in Pennsylvania?
It is illegal to create or distribute one with intent to defraud or injure. Exceptions exist for protected speech.
Does Washington's definition cover real-time deepfakes?
Yes, it explicitly includes visual representations transmitted in real-time that misrepresent an individual's appearance, speech, or conduct and are likely to deceive.
What malicious purposes does Alaska's definition target?
It targets depictions intended to defraud, harass, threaten, or intimidate, addressing deepfakes and synthetic media.
Related Terms
Replica of a person's persona
An AI-produced modification or fabrication of a person's identity for fraudulent use....
Digital impersonation
AI-generated synthetic media intended to deceive by mimicking a person....
digital falsification
Creation/alteration of media to falsely represent real events or speech....
Digital Forgery
The criminal offense of creating or distributing AI-generated forged digital likenesses with malicious intent....
MATERIALLY DECEPTIVE MEDIA
AI-produced media that falsely depicts real people and is likely believed....