DELAWARE - A new bill has been introduced in the Delaware General Assembly to crack down on non consensual “deepfakes,” or AI-generated digital recreations of people in pornographic and suggestive situations.
House Bill 353 would amend Delaware Code to both give victims of non consensual deepfakes civil recourse, as well as including it as a violation of privacy offense. In addition HB 353 would make creating visual depictions of a minor that is nude or engaging in sexual activity subject to felony charges instead of misdemeanor charges.
If passed, Delaware would join at least ten other states that have adopted laws designed to address the increasing circulation of deepfakes online. Virginia, Texas, Hawaii, and Georgia have already criminalized non consensual deepfakes.
The problem of non consensual deepfakes gained national attention recently when pornographic and violent fake images of music star Taylor Swift were shared widely online, sparking outrage and accelerating efforts to combat the AI trend.
Another bill, HB 316 is also under consideration by Delaware lawmakers to criminalize the creation of political deepfakes within 90 days of an election. Just before the presidential primary in January, some New Hampshire voters reported robocalls impersonating President Joe Biden and telling them not to vote.
“The rapid advance of deepfakes and other digitally manipulated media should be of great concern to all Delawareans who may find it increasingly difficult to distinguish between real sounds and images, and fraudulent misrepresentations created with the help of artificial intelligence,” said Delaware Senate Majority Leader Bryan Townsend, the Senate prime sponsor of House Bill 316.
House Bill 353 was favorably reported out of the Judiciary Committee Wednesday, April 17th, and is now placed on the Ready List for consideration by the House. House Bill 316 is expected to be heard in Committee as House Substitute 1.
