- Proposed ban on ‘deepfake’ pornography passes Michigan Senate with unanimous, bipartisan support
- Bills would criminalize creation and distribution of pictures or video falsely portraying sexual activity, with up to a year in jail for first offense
- The bills now go back to the House for final consideration before they can reach Gov. Gretchen Whitmer’s desk for potential signature
LANSING — Michigan may soon become the latest state to criminalize the creation and distribution of fake and sexually explicit material — or deepfakes — that depict real people under bipartisan legislation that passed the state Senate with unanimous support on Wednesday.
Deepfakes creators digitally alter a person’s face or body so that they appear to be someone else online. Experts say the resulting videos or images are typically used maliciously to spread false information, most often resulting in nonconsensual pornographic material that targets women and girls.
The two-bill package, previously approved by the House but since amended, would make a first offense for creating or distributing a sexual deepfake a misdemeanor crime punishable by up to a year in jail, a maximum $3,000 fine or both.
Subsequent offenses would be felonies punishable by up to three years in prison and a $5,000 fine. The legislation would also allow victims to sue a person who created or distributed a sexual deepfake in the county where either of them resides.
Unanimous approval of the deepfake legislation marked a rare bipartisan moment in the state’s newly divided Legislature, where Senate Democrats and House Republicans have spent much of the summer criticizing each other over stalled budget negotiations.
It also marked the latest in continued efforts to crack down on sexually explicit materials in the state.
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- ‘Deepfake’ pornography ban passes Michigan House with bipartisan support
Separate bipartisan legislation introduced in the House and Senate would require age verification before accessing online adult materials, such as pornography. The US Supreme Court recently upheld a similar Texas law, ruling age blocks do not violate First Amendment rights.
A possible hearing is expected on the Senate version of the age verification legislation in the fall, according to sponsoring Sen. John Cherry, D-Flint, told Bridge Michigan that internal discussions about the bill are going well.
The sexual deepfake legislation approved by the Senate on Wednesday was amended to give technology companies immunity if someone uses their website to host the content, which means the package will require another round of House voting before reaching Gov. Gretchen Whitmer’s desk.
The Republican-led House “will have to review the changes and discuss what changed” prior to signing off, spokesperson Gideon D’Assandro told Bridge.
State Rep. Matt Beirlein, R-Vassar, said earlier this year he is hopeful the bills can get “across the finish line this term” after similar legislation stalled in last year’s lame-duck session.
“Without them, we are risking more victims of deepfake technology in Michigan and inviting the potential for more people to experience emotional distress after being victimized.” said Bierlein, who co-sponsored the package alongside state Rep. Penelope Tsernoglou, D-East Lansing.
Of all deepfaked content online, 96% is nonconsensual pornography and 99% target women and girls specifically according to a 2024 paper from Harvard Undergraduate Law Review.
Deepfake content is also on the rise, according to a 2023 study from online security organization Security Hero that found around 95,820, which was a 550% increase since 2019 and has undoubtedly continued to climb.
The same group estimated that 98% of all deepfake videos online are pornography.
Whitmer in 2023 signed legislation to regulate political deepfakes by requiring disclaimers on videos that depict real political candidates.
A majority of states have implemented deep fake laws since 2019, with most targeting sexually explicit or pornographic videos, according to 2024 data from the National Conference of State Legislatures.
At the federal level, President Donald Trump in May signed into law bipartisan legislation co-sponsored by US Rep. Debbie Dingell of Michigan that criminalized real and deepfake “revenge pornography.”
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