A bipartisan group of U.S. Senators has introduced a bill, known as the "NO FAKES Act," to ban unauthorized artificial intelligence (AI)-powered recreations of people's voices and images. The proposed legislation imposes liability on companies or individuals that create unauthorized AI replicas, along with platforms hosting such content. Penalties for violations would start at $5,000 per offense. The bill includes exceptions for uses protected by the First Amendment, such as news, documentaries, and satire.


U.S. Senators Propose "NO FAKES Act" to Ban Unauthorized AI Replicas of People's Voices and Images


A bipartisan group of United States Senators has introduced the "Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act," which aims to ban unauthorized artificial intelligence (AI)-powered recreations of people's voices and images. The proposed legislation seeks to address concerns related to AI-generated replicas that raise privacy, intellectual property, and ethical issues.


Key points of the proposed NO FAKES Act:


  • Companies or individuals creating unauthorized AI replicas of individuals, whether living or deceased, would be liable for damages.

  • Platforms knowingly hosting unauthorized AI replicas would also be subject to liability.

  • Penalties for violations would begin at $5,000 per offense.

  • The bill allows for limited exceptions under the First Amendment, permitting the use of unauthorized AI replicas for news, documentaries, or purposes like commentary, criticism, scholarship, satire, or parody.


Senator Chris Coons stated that clear policies are needed to regulate the use and impact of generative AI while balancing individual rights, upholding the First Amendment, and promoting AI innovation and creativity. Senator Marsha Blackburn emphasized that the bill is a "good first step" to protect the rights of creatives who deserve ownership of their name, image, and likeness (NIL).


The draft legislation comes in response to the rise of AI-generated songs and content using AI tools to emulate artists. It also addresses concerns within the entertainment industry, particularly regarding the use of AI-generated likenesses.


In a related development, negotiations between the Screen Actors Guild‐American Federation of Television and Radio Artists (SAG-AFTRA) and the Alliance of Motion Picture and Television Producers (AMPTP) broke down. SAG-AFTRA claimed that the AMPTP refused to address concerns about performers being replaced by AI. The Writer's Guild of America (WGA) ended its strike following an agreement with the AMPTP, addressing AI usage in writer's rooms and other issues.


The NO FAKES Act reflects growing awareness of the need to regulate the use of generative AI and protect the rights of individuals and artists.


Additional Information:

  • Unauthorized AI replicas refer to AI-generated content, including voices and images, that mimic individuals, living or deceased, without their permission or consent.

  • The bill aims to strike a balance between preventing unauthorized AI replicas while upholding First Amendment rights for purposes such as news, documentaries, and satire.

  • AI-generated music and content that emulates artists have become more common and are hosted on platforms like YouTube and SoundCloud. These practices have raised concerns about intellectual property and creativity.

  • The breakdown in negotiations between SAG-AFTRA and AMPTP highlights concerns within the entertainment industry regarding AI-generated likenesses potentially replacing human actors.



(JESSE COGHLAN, COINTELEGRAPH, 2023)