La Enacts Law Banning Nonconsensual AI Explicit Images

by: Dr. Kirkpatrick Williams

Louisiana has implemented a new law criminalizing the creation and distribution of AI-generated sexually explicit images of individuals without their consent. This legislation addresses growing concerns over digital privacy and the misuse of artificial intelligence in generating nonconsensual explicit content.

Key Provisions of the Law
Effective August 1, 2023, the law introduces several measures:
Unlawful Use of Digital Image and Likeness: It is now a misdemeanor to use someone's digital image and likeness for any commercial or non-commercial purpose without their express written consent, punishable by a fine of up to $5,000 per violation.
Unlawful Deepfakes Involving Minors: Creating, distributing, or possessing sexually explicit material depicting a minor using deepfake technology is classified as a felony, with penalties ranging from 5 to 20 years of imprisonment and fines up to $10,000. If such material is promoted, advertised, or sold, the penalties increase to 10 to 50 years of imprisonment and fines up to $50,000.

The law defines "deepfake technology" as the use of artificial intelligence or machine learning to create a digital depiction of a person that appears to be an authentic record but is not.

Context and Implications
Louisiana's legislation is part of a broader national effort to combat the rise of nonconsensual explicit content generated through AI. The proliferation of deepfake technology has raised significant ethical and legal concerns, particularly regarding the potential for harassment, exploitation, and violation of privacy.

The law aims to provide legal recourse for victims and deter the misuse of AI in creating explicit content without consent. By imposing strict penalties, Louisiana seeks to address the challenges posed by rapidly advancing technologies that can manipulate digital images and videos.

Pros and Cons
Pros:
Protection of Individual Privacy: The law safeguards individuals from unauthorized use of their likeness in explicit content, reinforcing personal privacy rights.
Deterrence of Malicious Activities: By criminalizing the creation and distribution of nonconsensual explicit deepfakes, the legislation aims to deter potential offenders.
Support for Victims: The law provides a legal framework for victims to seek justice and hold perpetrators accountable.

Cons:
Challenges in Enforcement: Identifying and prosecuting offenders, especially when content is distributed anonymously online, may pose significant challenges.
Potential Impact on Free Expression: Critics argue that the law could inadvertently affect artistic or satirical expressions that utilize deepfake technology, raising concerns about freedom of speech.
Technological Limitations: Rapid advancements in AI may outpace the law's provisions, necessitating continuous updates to remain effective.

National Perspective
Louisiana's initiative aligns with federal efforts to address the misuse of AI in generating nonconsensual explicit content. The recently enacted "TAKE IT DOWN Act" at the federal level criminalizes the distribution of sexually explicit images without consent, including those created using AI technologies. This act mandates online platforms to remove such content upon request, reflecting a growing consensus on the need for comprehensive legal measures to protect individuals in the digital age.

As technology continues to evolve, Louisiana's law represents a proactive step in addressing the ethical and legal challenges posed by AI-generated content, emphasizing the importance of consent and individual rights in the digital landscape.