Non-Consensual Intimate Deepfake
A deepfake depicting intimate parts or sexual acts without explicit, written consent from the depicted individual.
How the laws define this
Regulators agree that a non-consensual intimate deepfake involves using artificial intelligence or digital means to depict an identifiable person as nude, showing intimate parts, or participating in sexual activity without their consent. The primary divergence lies in covered activities, consent standards, and age limits. Michigan HB 4047-4048 explicitly addresses both the creation and dissemination of these depictions, requiring consent to be explicit, written, knowing, and voluntary. Conversely, An Act concerning crimes, punishment and criminal procedure restricts its focus strictly to dissemination, while requiring that the depicted person had a reasonable expectation of privacy and did not consent to the sharing. Additionally, An Act concerning crimes, punishment and criminal procedure limits its rule to depictions of individuals eighteen years of age or older, whereas Michigan HB 4047-4048 contains no explicit age restriction in its text.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
Definitions (2)
Refers to the creation or dissemination of deepfakes that realistically depict an individual's intimate parts or an individual engaging in a sexual act, where the depicted person has not provided explicit, written, knowing, and voluntary consent.
Pertains to the dissemination of images or videos created, altered, or modified by artificial intelligence or digital means to depict an identifiable person 18 years of age or older as nude or engaged in sexual activity, where such person had a reasonable expectation of privacy and did not consent to the dissemination.
Related Terms
Nonconsensual Dissemination
Transmitting a deepfake without the express or implied consent of the depicted individual....
Deep fake video
Video created with intent to deceive depicting fabricated actions....
Non-consensual intimate imagery (NCII)
Intimate images or video shared or created without consent....
Simulated child pornography
Sexual content depicting a child created or simulated by technology....
AI‑manipulated content
Content produced or altered by algorithmic/computational means....