California Legislation Takes First Steps Against Deepfakes

The California Senate Judiciary Committee has unanimously voted to advance a bill that would ban using digital technology to make it appear that a person is nude or engaged in sexual activity without getting their permission.

Passed on a 7-0 vote on April 30, Senate Bill 564 was introduced by state Sen. Connie M. Leyva, D-20th District, in March with input and support from SAG-AFTRA. It aims to curb the creation and dissemination of certain “deepfakes,” which are digitally manipulated videos that showcase people saying and performing actions they never said or performed.

Prior to the afternoon hearing, SAG-AFTRA released a message from President Gabrielle Carteris urging members to take action through social media and convey the bill’s importance to key state legislators. During the vote, Leyva was joined by member Michelle Hurd, union lobbyist Shane Gusman and Association of Talent Agents Associate Executive Director Jacky Olitsky as witnesses. Hurd and Olitsky also provided testimonies advocating for the passing of the bill.

Carteris praised Leyva’s continued efforts to gain the state’s support of the bill.

“Sen. Connie Leyva is getting out ahead of artificial intelligence technologies that violate one’s sexual privacy and personal autonomy. This bill for the digital era stands to shield Californians from humiliation, harassment and the potential of having their reputations tarnished with false depictions,” said Carteris.

The purpose of the bill is to strengthen performers’ protections when they are involved in digitally created or manipulated sex scenes. In addition, the legislation extends those protections to both public and private figures, creates a framework for obtaining consent to prevent boilerplate or other ill-considered agreements, and establishes statutory damages. SB564’s approval is a victory for SAG-AFTRA in its continued fight to protect its membership from unauthorized use of their image. Union contracts serve as a primary defense against nonconsensual nude scenes and captures, and require studios and independent filmmakers and producers to obtain express written permission from performers. With SB564, California members will have another means to protect themselves and hold accountable those who could bring harm to their career, public perception and mental health.

SAG-AFTRA is confident and hopeful that this bill will be signed by Governor Newsom this fall after passage through the Senate and Assembly.

Photo: From left, SAG-AFTRA member Michelle Hurd, Senator Connie Leyva (D-20th District), Association of Talent Agents Associate Executive Director Jacky Olitsky and SAG-AFTRA lobbyist Shane Gusman on April 30. Hurd and Olitsky both gave testimonies during the hearing.