NO FAKES Act Reintroduced in the U.S. House to Combat AI-Generated Deepfakes

A bipartisan coalition of U.S. representatives has reintroduced the NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe) in the U.S. House of Representatives. The legislation aims to address growing concerns over AI-generated deepfakes, specifically targeting the unauthorised use of an individual’s voice and likeness.

Representatives María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Adam Schiff (D-CA), Rob Wittman (R-VA), and Joe Morelle (D-NY) are among those leading the bill's introduction.

Federal Protections Against AI Abuse

The NO FAKES Act seeks to enhance federal protections for Americans by establishing intellectual property rights over an individual’s voice and likeness. This would enable people to take legal action against creators or distributors of unauthorised digital copies, such as AI-generated deepfakes. The bill outlines potential fines of $5,000 per violation, with additional damages applicable if the affected person suffers further harm.

Rep. Salazar emphasised the importance of the bill, noting that “AI abuse threatens the ability of Americans to express themselves publicly, both online and in person.” The legislation would allow individuals greater control over their digital presence, particularly in an age where AI tools can be misused to create misleading or harmful content.

Broad Bipartisan and Industry Support

The reintroduction of the NO FAKES Act builds on previous efforts. Originally proposed by a bipartisan group of senators, the bill was first introduced in the Senate in October 2022. Senators Marsha Blackburn (R-TN), Thom Tillis (R-NC), Amy Klobuchar (D-MN), and Chris Coons (D-DE) were key figures in pushing the initial legislation, and the House version now mirrors the Senate’s bill.

Entertainment industry leaders have shown strong support for the bill. Harvey Mason Jr., CEO of the Recording Academy, praised the alignment between the House and Senate versions, calling it an important step in protecting creators. Similarly, SAG-AFTRA’s Duncan Crabtree-Ireland highlighted the need for Congress to act swiftly in this new era of technological advancement.

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Safeguarding Innovation with Ethical Standards

Rep. Adam Schiff reiterated the bill's goal of protecting creators while fostering innovation: “The NO FAKES Act will protect innovation while safeguarding the rights, contributions, and livelihoods of all creators.” This reflects a broader objective to balance technological progress with ethical safeguards.

The legislation also aims to protect media platforms from liability as long as they promptly remove infringing content, offering a practical solution for platform operators to manage AI-generated content responsibly.

Potential legal and social impacts of the NO FAKES Act

If passed, the NO FAKES Act would establish a national standard for addressing unauthorised deepfakes and similar digital manipulations, with the legislation set to take effect on January 2, 2025. Mitch Glazier, CEO of the Recording Industry Association of America, expressed optimism about the bill’s progress, noting that Congress is moving towards a responsible approach that embraces innovation while tackling harmful AI applications.