Preventing Deepfakes of Intimate Images Act
The Preventing Deepfakes of Intimate Images Act would add a federal civil and criminal framework to curb the disclosure of intimate digital depictions created or manipulated without a person’s consent. It creates a new civil cause of action (within the Violence Against Women Act Reauthorization Act of 2022) for individuals whose intimate digital depictions are disclosed without consent in interstate or foreign commerce. It also establishes a new federal criminal offense (in Chapter 110 of Title 18) for knowingly disclosing or threatening to disclose such depictions with the intent to harass or cause harm, or with knowledge or reckless disregard that harm will result. The bill defines key terms (such as “intimate digital depiction,” “depicted individual,” and “consent”) and sets out remedies, exceptions, and safe harbors for platforms, along with procedural tools like injunctive relief and the option for in-camera proceedings. In short, it aims to deter and penalize the creation and public distribution of manipulated intimate images, while giving victims a federal pathway to seek relief.
Key Points
- 1Establishes a federal civil right of action (1309A) for individuals whose intimate digital depictions are disclosed without consent, with venue in federal courts and coverage for interstate/foreign commerce disclosures. It defines who can sue and clarifies that guardians may sue on behalf of minors or incapacitated individuals.
- 2Creates a broad array of civil remedies, including disgorgement of the defendant’s monetary gains, actual damages (including emotional distress), liquidated damages up to $150,000, punitive damages, and recovery of legal costs; allows courts to grant injunctive relief and preserve a plaintiff’s anonymity.
- 3Sets strict consent rules: consent to create an intimate digital depiction does not equal consent to disclose; consent must be documented in a plain-language, signed agreement describing the depiction and any audiovisual work into which it will be incorporated.
- 4Provides important exceptions and defenses, including good-faith disclosures to law enforcement or as part of a legal proceeding, and disclosures involving legitimate public interest (but not simply because the person is a public figure); allows in-camera court proceedings; and explicitly states that disclaimers are not a defense.
- 5Establishes a parallel criminal offense (18 U.S.C. 2252D) for disclosing or threatening to disclose an intimate digital depiction, with penalties of up to 2 years in prison (or more, up to 10 years, in aggravating circumstances such as affecting government proceedings or facilitating violence). It includes similar definitions and safe harbors for providers as in the civil provisions.