Deepfake pornography bills heading back to the Michigan House of Representatives
Michigan lawmakers are advancing a bipartisan legislative package—House Bills 4047 and 4048—aimed at combating non-consensual deepfake pornography. The bills have passed both the House and Senate and are now headed back to the House for final consideration before potentially reaching Gov. Gretchen Whitmer’s desk for signature .
Key provisions include:
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Criminal penalties: The creation or distribution of sexual deepfakes without consent—featuring identifiable individuals—is punishable as a misdemeanor for a first offense, carrying up to one year in jail and/or a $3,000 fine. Aggravated cases may be charged as felonies, carrying penalties of up to three years in prison and/or a $5,000 fine .
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Civil liability: Victims may file lawsuits against creators or distributors if the content causes physical, emotional, reputational, or financial harm—especially when the intent is harassing, threatening, or exploitative .
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Consent standard: Consent must be explicitly documented via a clear, signed written agreement; this is the only valid defense .
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Technology immunity: Amendments clarify that platforms or companies providing the technology used to create deepfakes are not held legally responsible—protecting them from liability .
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Next steps: After passing a Senate committee and receiving unanimous support, the substitute bills have been sent back to the full Senate, then to the House for a final vote .