US lawmakers across party lines have introduced legislation against deepfake AI after the Taylor Swift AI image controversy. The proposed bill seeks to mitigate the distribution of malicious and non-consensual pornographic material, tackling the escalating issue of deepfake technology’s proliferation online.
The DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act of 2024 seeks to hold creators and distributors of such content accountable, granting victims, particularly women, the right to pursue legal action against the creators of “digital forgeries.”
The move comes in the wake of incidents involving artificial intelligence-generated, sexually explicit simulations of individuals, including renowned singer Taylor Swift, which circulated on various social media platforms. These deepfakes, often depicting sexual content without consent, can appear convincingly real due to sophisticated technology.
A 2019 study cited by the US Senate Committee on the Judiciary found that 96% of deepfake videos feature non-consensual pornography. One notable deepfake of Swift garnered 45 million views and 24,000 reposts, highlighting such content’s extensive reach and impact.
In response to a particularly egregious deepfake video, X (formerly Twitter) swiftly banned the originally posted account and targeted other accounts spreading similar materials. This response came after the video remained accessible for 17 hours.
Senator Josh Hawley (R-MO) emphasized, “No one—be they celebrities or private citizens—should be victimized by AI-generated pornography. Individuals must have the means to protect their dignity and seek justice against those who wrong them. The DEFIANCE Act is a step towards empowering victims in these situations.”
The legislation acknowledges that although the offending material may be fabricated, the real-world consequences for those depicted can include job loss and enduring psychological distress, such as anxiety or depression. It covers images that portray the victim in explicit or sexual scenarios, ensures privacy for victims during legal proceedings, and extends the timeframe for filing a lawsuit, providing a broader scope for redress and accountability.
