MI HB5569

Establishes civil liability for nonconsensual creation or dissemination of deep fake sexual images that realistically depict intimate parts or sexual acts of an identifiable individual, with knowledge or reckless disregard for causing harm.

Allows civil plaintiffs to recover economic and noneconomic damages up to $100,000, profits made from the deep fake, attorney fees, and court costs; court may issue injunctions with civil fines up to $1,000 per day for violations.

Creates criminal penalties: misdemeanor punishable by up to 1 year imprisonment and $3,000 fine; felony punishable by up to 3 years imprisonment and $5,000 fine if the deep fake causes financial loss, is created for profit, posted on websites, or created with intent to harass or extort.

Provides defenses for lawful criminal investigations, reporting unlawful conduct, medical/mental health treatment, matters of public interest with clear identification as deep fake, and legal proceedings protected by court order.

Requires written, signed consent from depicted individual before creation or dissemination is permitted as a defense; exempts interactive computer services, mobile service providers, and telecommunications networks from liability for user-generated content; effective for deep fakes created or disseminated after December 31, 2024.