Concerns Rise That NO FAKES Act Could Censor Satire and News
EFF Deeplinks
- The NO FAKES Act, intended to regulate AI-generated impersonations, faces significant opposition for threatening satire, commentary, and news reporting.
- EFF and a coalition of advocacy groups have urged the Senate Judiciary Committee to reject the bill in its current form due to risks regarding free speech and personal rights.
Impact on Free Expression
- The bill risks creating a "heckler's veto" by incentivizing online platforms to preemptively remove content to avoid liability.
- Platforms could face penalties of up to $750,000 per violation if they misjudge whether content qualifies as satire, parody, or news.
- Critics argue the legislation mimics the worst aspects of the DMCA notice-and-takedown system by applying it to a much broader range of online expression.
Risks to Individual Rights
- The proposed federal "likeness" right is transferable and licenseable, which could lead to individuals losing control over their own voice and face.
- Entertainment industry workers and ordinary users might be coerced into signing away these rights via standard contracts or terms of service agreements.
Opposition Coalition
- Signatories include the EFF, American Civil Liberties Union, Center for Democracy & Technology, Fight for the Future, Foundation for Individual Rights and Expression, Organization for Transformative Works, Public Knowledge, R Street Institute, The Future of Free Speech, and the Woodhull Freedom Foundation.