Gov. Gretchen Whitmer signed bipartisan bills into law that make it a crime to create and distribute AI-generated content of people in sexual situations without their consent.
“As a county prosecutor, I went after people who used their power to prey on others,” said Whitmer. “Now, as governor, I’m proud to sign these bipartisan bills into law, so we can protect Michiganders from this rising form of sexual exploitation. I’ll keep working with anyone to protect Michiganders from blackmail or retribution, because no one should have to live in fear. Together, let’s get it done.”
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House Bills 4047 and 4048, sponsored by Reps. Matthew Bierlein (R-Vassar) and Penelope Tsernoglou (D-East Lansing) prohibit deepfakes of that feature specific people in harmful sexual situations.
The first offense for creating deepfake sexually explicit content is a misdemeanor crime punishable by up to a year in prison and/or a fine of up to $3,000.
Any following offenses would be a felony punishable by up to three years in prison and/or a $5,000 fine.
“I am so excited, proud, and relieved that because of these bills, it is now illegal for individuals to create or disseminate intimate deep fakes of an individual without their consent here in Michigan,” said Tsernoglou. “These bills mark the beginning stages of a long, bumpy journey that our state faces when trying to regulate artificial intelligence, yet my hope is that these bills will serve as another example that progress is possible when it comes to regulating AI.”
A deepfake is an image, video or audio recording in which a person has been digitally altered, often using artificial intelligence, to appear as though they are someone else, depicting real people in situations that never happened.
The creation of sexually explicit deepfakes has increased as the technology to create them has become easier to use and more accessible.
Celebrities are often the victims of deepfake pornography, and last year, sexually explicit and abusive fake images of Taylor Swift circulated on social media. Teen girls across the country have also been victimized by deepfake nudes.
The growing number of disturbing cases has prompted lawmakers across the country to push for bills to ban deepfake pornography.
“With the governor’s signature, Michigan is making it clear that non-consensual intimate deepfakes have no place in our state. This law protects the dignity and privacy of every citizen and gives victims the tools they need to seek justice,” said Bierlein. “Technology should be used to improve lives, not to exploit them — and today we’ve taken an important step to ensure that.”