Representatives from Iowa and Massachusetts have introduced a bipartisan bill to tackle the increasing threat of sexually explicit “deepfakes” on online platforms. The legislation is led by Republican U.S. Rep. Ashley Hinson of Iowa and Democratic U.S. Rep. Jake Auchincloss of Massachusetts. It seeks to hold Big Tech companies responsible for not removing such harmful content.
The proposed law, the Intimate Privacy Protection Act, seeks to amend Section 230 of the Communications Decency Act of 1996, which currently protects online platforms from legal liability for user-generated content. If passed, Facebook, X (formerly Twitter), and YouTube could lose their immunity if they do not take action against deepfake pornography on their sites.
New bill demands tech platforms to address deepfake issue
The legislation addresses the growing misuse of artificial intelligence-powered deepfake technology that creates realistic but false images and videos. These deepfakes often show people in compromising or sexual situations by merging victims’ faces with bodies in pornographic videos. The FBI has seen an increase in deepfake “sextortion” schemes where victims are blackmailed into paying a ransom to stop the spread of explicit images.
Under the bill, tech platforms must create a “reasonable process” to prevent privacy violations which includes having clear and easy ways for reporting, investigating and removing harmful content within 24 hours and data logging so that victims can have evidence available for court cases.
States and Federal lawmakers take action against Deepfakes
Iowa has already acted at the state level to deal with this issue. Earlier this year, state lawmakers passed laws making it illegal to disseminate digitally altered pornographic images, which carry penalties of up to two years imprisonment plus fines, while those aged over eighteen found guilty will be required to register as sex offenders.
At the federal level, recently passed legislation allows victims to sue creators/sharers/receivers of non-consensual sexually explicit deep fakes. Other bills aimed at protecting minors from dangerous online activities require social media companies to provide options limiting communication between children and disabling features that allow extended use.
While there is a push for stricter regulations, proposed measures raise First Amendment concerns. Civil rights organizations like the American Civil Liberties Union (ACLU) argue that KOSA may limit access for minors to important resources or restrict free expression. The ACLU warns the bill could also impede adults’ ability to express themselves freely online or access diverse viewpoints.
In response, Hinson emphasized her bill seeks a balance between the protection of individuals from deepfakes and the preservation of First Amendment rights. She expressed willingness to work with lawmakers to ensure legislation does not infringe on free speech but effectively addresses the problem.
