Bill > AB621

This bill amends California Civil Code to expand legal protections against deepfake pornography, which involves digitally creating sexually explicit images or videos of individuals without their consent. The legislation provides a comprehensive framework for addressing this issue by granting depicted individuals (including minors) a legal cause of action against people who create, disclose, or knowingly facilitate such content. Key provisions include defining terms like "digitized sexually explicit material" and establishing significant financial penalties, with statutory damages ranging from $1,500 to $50,000 for non-malicious violations and up to $250,000 for malicious violations. The bill specifically targets deepfake pornography services and their enablers, creating a presumption of liability for service providers who continue to support such platforms after being notified of unauthorized content. Additionally, the legislation allows public prosecutors to bring civil actions, seek injunctions, and impose substantial civil penalties. The bill also includes important protections, such as exceptions for legitimate public concern, news reporting, and legal proceedings, while ensuring that disclaimers or user agreements do not absolve creators of responsibility. Notably, individuals have up to three years from discovery of the unauthorized content to file a legal action, and the law does not interfere with federal protections for internet service providers.

Budget and Finance, Business and Industry, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB621