Compliance

Nonconsensual Dissemination

Transmitting a deepfake without the express or implied consent of the depicted individual.

How the laws define this

Regulators agree that nonconsensual dissemination centers on the act of transmitting, publishing, distributing, or sharing generated depictions of a person without their permission. However, the legal frameworks diverge on the specific type of content covered and the required threshold for consent. Under Minnesota HF 1370 - Deepfake Dissemination Liability, the act encompasses any deepfake distributed without express or implied consent. By contrast, the Oklahoma Law on Obscenity and Child Sexual Abuse Material limits its definition to private sexual images or artificially generated sexual depictions, while establishing a threshold that requires explicit and informed consent. Additionally, the Oklahoma provision explicitly notes that this act is often malicious and can lead to significant emotional, reputational, and economic harm for the depicted individual, forming the basis of revenge porn and deepfake legislation.

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

Definitions (2)

The act of transmitting, publishing, or distributing a deepfake without the express or implied consent of the depicted individual.

Nonconsensual dissemination refers to the distribution, sharing, or publication of private sexual images or artificially generated sexual depictions of another person without their explicit and informed consent. This act is often malicious and can lead to significant emotional, reputational, and economic harm for the depicted individual, forming the basis of 'revenge porn' and deepfake legislation.