Deepfake Liability Act

The Deepfake Liability Act amends Section 230 of the Communications Act of 1934 and the TAKE IT DOWN Act to combat cyberstalking and intimate privacy violations, including sexually explicit digital forgeries (deepfakes). It imposes new duties on online platforms to prevent and address such content and expands criminal prohibitions.

Sec. 2, Amendments to Section 230 of Communications Act of 1934: This section adds a duty of care for interactive computer service providers. To retain Section 230 immunity, providers must implement a reasonable process to prevent cyberstalking and intimate privacy violations, including a notice-and-removal process, minimum data logging for legal proceedings, and removal of court-determined unlawful content. It also expands the definition of 'information content provider' to include content created or developed through solicitation, encouragement, or use of a generative model.

Sec. 3, Amendments to TAKE IT DOWN Act: This section revises the definition of 'sexually explicit digital forgery' to include intimate visual depictions that are created, materially manipulated, altered, or annotated to be virtually indistinguishable from an authentic depiction. It eliminates certain exceptions for such forgeries. It also expands the notice-and-removal process for covered platforms to include both intimate privacy violations and content relating to cyberstalking, requiring removal within 48 hours of a valid request. It provides a liability shield for platforms acting in good faith to remove such content. Definitions for 'covered individual', 'covered platform', 'cyberstalking', and 'intimate privacy violation' are updated.

Sec. 4, General Provisions: The Federal Trade Commission, in consultation with the Federal Communications Commission and the Attorney General, must issue regulations within 180 days of enactment. The amendments apply to content made available on or after the enactment date. The Act cannot be construed to infringe on First Amendment rights.