(TNS) – Today, Gov. Gretchen Whitmer has signed three bipartisan bills that will help protect Michigan from sexual harassment and exploitation by creating and distributing harmful, generative AI-generated images or videos featuring certain people in sexual situations.
“As a county prosecutor, I used my strength to chase after people who prey on others,” Gov. Whitmer said in a press release. “Now, as governor, I am proud to be able to sign these bipartisan bills into law, so I can protect Michiganders from this rising form of sexual exploitation. I will continue to protect Michigans from fear and retaliation.
Recently, Senators, House Bills 4047 and 4048, sponsored by Matthew Bierine (R-Vassar) and Penelope Zernoglu (D-East Lansing), will protect Michigan from sexual harassment, exploitation and assault by banning deep fakes, including featuring reasonable sexual content.
“The governor's signature makes it clear that Michigan does not have an intimate, nonconsensual deepfake position in our state. The law protects the dignity and privacy of all citizens and gives victims the necessary tools to seek justice. “Technology should be used to improve lives, not exploiting lives. Today, we have taken an important step to ensure that.”
She also signed a bipartisan bill honoring Deputy Sheriff William Butler Jr., who took his life in duties in 2024. Senate Bill 70 is sponsored by State Sen. Joseph Bellino (R-Monroe) and designates a portion of the M-34 in Hillsdale County as “Department Store Sheriff William Butler.” The change honors Deputy Sheriff William Butler Jr., a member of the Hillsdale Sheriff's Office after being shot dead during a traffic stop.
What the bill does
Deep fakes are realistic but manufactured images, videos, or audios created using technology.
“In general, deep fakes are incredibly realistic, yet fake videos, images, or audio clips created by artificial intelligence (AI) or digital manipulation tools. We are concerned that deep fakes will be created more frequently as AI and digital manipulation tools become more and more accessible.”
The civil clause would have meant that the individual depicted would know that the creator or distributor would be harmful, or that it would cause harm, or be physical, emotional, reputational, or economic, or acted with the intent to harass, coercion, intimidation, or harm, or that the deep fake would cause harm if the intimate part or sexual act or the person depicted was identifiable.
“Deepfakes can cause serious emotional and economic harm to individuals portrayed who do not agree to creating deepfake content, such as the creation of deepfake porn,” the Senate brief said. “It suggests that the creation of deepfakes featuring sexual content that could harm the depicted individual is prohibited.”
Criminally, the offender can be claimed for creating or disseminating sexual deepfakes under the same harmful intent and depictional standards as in a civil case. The person may be charged with misdemeanors, including a prison for up to one year or a fine of $3,000.
Claims can be upgraded to a felony if certain aggravating factors apply, such as financial loss to the victim, intention to profit, prior conviction, posting to the website, harassment, or running the site/app of such content.
The bill points out that it is not a defense that the person depicted agrees, unless the consent is in a written agreement that is intentionally and voluntarily signed. The contract must clearly explain intimate portrayals.
Deepfake uses AI to create fake media such as videos, photos, audio recordings, and depict events that have never happened. They are increasingly being used to create fake videos of real individuals in sexual situations. These videos can ruin someone's reputation, career, and personal life. As such, these bills prohibit the creation of deepfakes that portray individuals in sexual circumstances and create crime sentencing guidelines. These bills will keep Michigan safer by protecting against increased harassment and exploitation.
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