Here's What Happened:
In October 2024, high school student, Francesca Mani, found out that boys in her class used artificial intelligence (AI) software to fabricate sexually explicit images of Francesca and some of her female classmates. These images are called “deepfakes”. For some of us, high school has long been in our rearview window. But no one can forget the devastation of being embarrassed, harassed and having blatantly false information spread about you. With deepfakes, uncontrolled false and deceptive images take the devastation to a whole new level.
When the school found out about what happened to Francesca and her friends, the boys got suspended. That's all. There were no laws to protect Francesca and her friends. So, Francesca became an activist. She toured the country talking to policymakers, school boards and tech companies.
Francesca scored a victory in her home state of New Jersey. On April 9, 2025, the governor of New Jersey signed legislation making the creation and dissemination of deceptive deepfake media a crime punishable by up to five years in prison. There is also a civil component that establishes a basis for lawsuits against perpetrators.
New Jersey now joins at least 20 other states that have enacted deepfake regulations in various forms. Here are some examples:
- Florida, Louisiana and South Dakota's laws relate to minors and child pornography;
- Indiana, Oregon and Texas' laws relate to the use of deceptive deepfakes in election campaigns;
- Mississippi, Tennessee and Washington's laws have general application; and
- New Mexico requires a disclaimer when using deepfakes in advertising.
Sadly, the federal government has flirted with legislation for years without any progress. So, Francesca still has some work to do.
WHY YOU SHOULD KNOW THIS: Deepfakes can be used to bully, embarrass and deceive us. Any advances in the laws in this area can only be for the good of all.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
