Kevin Collier is a reporter covering cybersecurity, privacy and technology policy for NBC News.
States are rapidly adopting laws to grapple with political deepfakes in lieu of comprehensive federal regulation of manipulated media related to elections, according to a new report from the Brennan Center for Justice. Nineteen states passed laws regulating deepfakes in elections, and 26 others considered related bills.
Some of the laws also require plaintiffs to prove that someone who made a deepfake acted with “actual malice,” which is far easier to prove about a rival campaign than about a prankster on social media. A few laws, like Tennessee’s Ensuring Likeness, Voice, and Image Security Act of 2024, go the opposite direction and seek to broadly end a wide swath of potentially misleading deepfakes. People sued under those laws would have a good chance of winning by citing the First Amendment, Norden said.
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