Mich. Comp. Laws § 752.381
Short title.
This act may be cited as the "protection from intimate deep fakes act".
Michigan Compiled Laws — PROTECTION FROM INTIMATE DEEP FAKES ACT (Act 11 of 2025)
Michigan · statute · 11 of 2025, Mich. Comp. Laws · 10 active provisions
Provisions
Mich. Comp. Laws § 752.382
Definitions.
As used in this act: (a) "Deep fake" means a video recording, motion-picture film, sound recording, electronic image, or photograph, or a technological representation of speech or conduct substantially derivative of such a recording, film, image, or photograph, that is not an original recording of an actual occurrence…
Mich. Comp. Laws § 752.383
Deep fakes; nonconsensual creation of dissemination; requirements for civil action.
A depicted individual or a person representing the depicted individual may bring a civil action against a person for the nonconsensual creation or dissemination of a deep fake if all of the following apply: (a) The person who created or disseminated the deep fake knew or reasonably should have known that the creation,…
Mich. Comp. Laws § 752.384
Accrual of cause of action; confidential filings; injunctive relief.
(1) A cause of action under section 3 accrues at the time that the depicted individual discovers that the deep fake has been created or disseminated. (2) An action under section 3 may be filed in either of the following: (a) The county where the defendant or the plaintiff resides. (b) The county where the deep fake was…
Mich. Comp. Laws § 752.385
Defenses to cause of actions.
(1) It is not a defense to an action under section 3 that the depicted individual consented to the creation or possession of the deep fake or to the voluntary private or public transmission of the deep fake unless both of the following apply: (a) The consent is contained in an agreement written in plain language signed…
Mich. Comp. Laws § 752.386
Damages; economic and noneconomic; restraining orders; injunctions.
(1) In an action under section 3, the plaintiff may recover all of the following damages from a person found liable: (a) Economic and noneconomic damages, including, but not limited to, financial losses because of the creation or dissemination of the deep fake and damages for mental anguish, embarrassment, and humiliat…
Mich. Comp. Laws § 752.387
Transmission infrastructure; access to content; liability of entities; effect on remedies.
(1) Sections 3 to 6 must not be construed to impose liability on the following entities for providing the transmission infrastructure or access to content created by another person: (a) An interactive computer service as defined in 47 USC 230(f)(2). (b) A provider of public mobile services or private radio services. (c…
Mich. Comp. Laws § 752.388
Intentional creation or dissemination of deep fakes; violation; penalties; defenses; applicability; liability of entities.
(1) An individual shall not intentionally create or disseminate a deep fake if all of the following apply: (a) The individual knew or reasonably should have known that the creation, distribution, dissemination, or reproduction of the deep fake would cause physical, emotional, reputational, or economic harm to an indivi…
Mich. Comp. Laws § 752.389
Application of act; cause of actions.
(1) This act does not affect the ability to bring a civil action under any other law. (2) This act does not limit the ability to prosecute a person under any other law.
Mich. Comp. Laws § 752.390
Severability.
As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable.