Legislation addresses “deepfake” images, videos

A bipartisan plan spearheaded by state Rep. Matthew Bierlein that protects residents, children and families was recently advanced overwhelmingly by the Michigan House.

House Bills 4047-48 create criminal penalties and allow for civil action for the nonconsensual creation and dissemination of “deepfake” images or videos that are sensitive in nature or feature intimate parts of an individual.

Deepfakes are highly realistic, computer-generated images that can make it appear as though an individual is engaging in activities they never participated in, including sexual activities. Currently, there are no laws in place in Michigan that prevent individuals from sharing these types of deepfake images or videos, even if an individual hasn’t consented to the creation or sharing of it.

“We must update our laws to confront this rapidly evolving technology and protect people and their families from falling victim to misuses and abuses,” Bierlein said. “These bills ensure people can seek justice when these types of depraved acts are committed. When these situations occur, they can cause immense psychological, physical and reputational harm for a victim who did not consent to this material. Currently they have no recourse, and that’s a major issue.”

Bierlein pointed to national data that has shown a significant rise in sextortion cases that involve synthetic media to support the need for the legislation. In one stretch from October 2021 to March 2023, the FBI and Homeland Security Investigations received over 13,000 reports of online financial sextortion of minors.

In response to this alarming trend of people using advanced technology to exploit unsuspecting victims, Bierlein helped introduce the plans in March of 2024 during the previous legislative term. They received overwhelming bipartisan support while being advanced through the House, but ultimately were not voted on in the Senate.

“I am hopeful we can get these protections for Michigan residents and families across the finish line this term,” Bierlein said. “Without them, we are risking more victims of deepfake technology in Michigan and inviting the potential for more people to experience emotional distress after being victimized. The framework these bills create will deliver justice and a better way forward.”

The bills now move to the Senate for consideration.

PHOTO INFORMATION: State Rep. Matthew Bierlein speaks on House Bills 4047-48 at the state Capitol on Thursday, April 24.