AI Frontier Institute

Regards an individual's persona usage; prohibit certain deepfakes

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Ohio H.B. 185 (136th General Assembly) was introduced and referred to the Technology and Innovation committee. It has not been enacted. If enacted, it would do two things. First, it would amend Ohio's right-of-publicity law (Chapter 2741). Sec. 2741.02 would bar using a "modified facsimile" of a person's persona for a commercial purpose when a reasonable trier of fact would confuse it with the real individual. Sec. 2741.09 would make the same carve-out for audiovisual works. Amended secs. 2741.01, 2741.05 and 2741.06 would add a definition of "institution of higher education" and make conforming changes to the consent and enforcement provisions. Second, it would create new Chapter 2742 on "malicious deepfake recordings." Sec. 2742.01 defines the terms. A deepfake recording falsely appears to be an authentic record of a person's speech or conduct. A malicious one is made to cause harm because of its false content. Sec. 2742.02 would bar anyone, without the depicted person's written consent, from preparing a malicious deepfake to distribute or from offering to distribute one. It would also bar recklessly distributing one. Exceptions cover: - Content that is clearly inauthentic in context, such as parody, and is not political or campaign advertising. - Content carrying a conspicuous disclaimer that it is altered and fictionalized and that names the responsible entity. - Broadcasters paid to carry the content. The context and disclaimer exceptions do not apply to pornographic deepfakes or to deepfakes depicting someone under 17. Sec. 2742.03 would let injured individuals sue for actual damages or statutory damages of $2,500 to $10,000, plus punitive damages and injunctions. Added statutory damages of up to $2,500, $5,000, $10,000 or $15,000 would apply where extortion is shown, scaled to the value involved. It sets a four-year limitation period, allows attorney's fees and costs, and allows court-ordered takedown or destruction. Sec. 2742.04 would add remedies for good-faith purchasers of deepfakes: treble economic damages or $250 in statutory damages. Sec. 2905.11 (extortion) would be amended so that distributing or threatening to distribute a malicious deepfake in violation of sec. 2742.02 can be extortion, a third-degree felony.

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