Legal Update No. 168 (03/2026)

The Protection from Intimate Deep Fakes Act enacted to prohibit the nonconsensual creation or dissemination of “deep fakes.”

Public Act 11 of 2025 enacted the Protection from Intimate Deep Fakes Act to add new crimes for “creation or dissemination of deep fakes” and “aggravated creation or dissemination of deep fakes.”

Creation or Dissemination of “Deep Fakes”

An individual who intentionally creates or disseminates a “deep fake” of a depicted individual is guilty of a 1-year misdemeanor if all the following apply:

• 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 individual falsely depicted.
• The deep fake realistically depicts the intimate parts of the depicted individual or the depicted individual engaging in a sexual act.
• The depicted individual is identifiable from the deep fake itself, by the depicted individual or by a reasonable individual viewing or listening to the deep fake or from the personal information displayed in connection with the deep fake. MCL 752.388(1).

Note: This act does not affect the ability to prosecute a person under any other law. MCL 752.389(1).

Aggravated Creation or Dissemination of “Deep Fakes”

An individual who intentionally creates or disseminates a “deep fake” in violation of MCL 752.388(1) is guilty of a 3-year felony if 1 or more of the following also apply:

• The depicted individual suffers financial loss because of the creation or dissemination of the deep fake.
• The individual creates or disseminates the deep fake with intent to profit from the dissemination.
• The individual maintains an internet website, online service, online application, or mobile application for the purpose of creating or disseminating the deep fake.
• The individual posts the deep fake on a website.
• The individual creates or disseminates the deep fake with intent to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to the depicted individual.
• The individual has previously been convicted of violating subsection (1). MCL 752.388(3).

Note: This act does not affect the ability to prosecute a person under any other law. MCL 752.389(1).

Definitions

"Deep fake" - 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 or an original photograph without substantial modification to which both of the following apply: MCL 750.752.382(a).

• It is so realistic that a reasonable person would believe it depicts speech or conduct of a depicted individual.
• The production of it was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate the depicted individual.

"Depicted individual" - an individual in a deep fake who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic. MCL 752.382(b).

"Dissemination" - distribution to 1 or more persons, other than the individual depicted in the deep fake, or publication by any publicly available medium. MCL 752.382(c).

"Harass" - an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person. MCL 752.382(d).

"Intimate parts" - an individual's genitalia or anus or, if the individual is a female, her nipple. MCL 752.382(e).

"Personal information" - any identifier that permits communication or in-person contact with an individual. Personal information includes, but is not limited to, all of the following: MCL 752.382(f)

• The individual's first and last name, first initial and last name, first name and last initial, or nickname.
• The individual's home, school, or work address.
• The individual's telephone number, email address, or social media account information.
• The individual's geolocation data.

"Sexual act" - either sexual contact or sexual penetration. MCL 752.382(g)

"Sexual contact" - the intentional touching of intimate parts or intentional touching with seminal fluid onto another individual's body. MCL 752.382(h)

"Sexual penetration" - any of the following acts: MCL 752.382(i)

• Sexual intercourse, cunnilingus, fellatio, or anal intercourse.
• An intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.

"Social media" - any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content. MCL 752.382(j)

Consent

It is not a defense to a prosecution under MCL 752.388 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:

• The consent is contained in an agreement written in plain language signed knowingly and voluntarily by the depicted individual.
• The consent includes a general description of the intimate digital depiction and, if applicable, the audiovisual work into which it will be incorporated. MCL 752.388(4).

Exemptions

It is not a “deep fake” violation under MCL 752.388 if any of the following apply:

• The creation or dissemination is made for the purpose of a criminal investigation or prosecution that is otherwise lawful.
• The creation or dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct.
• The creation or dissemination is made in the course of seeking or receiving medical or mental health treatment, and the image is protected from further dissemination.
• The deep fake relates to a matter of public interest, and creation or dissemination serves a lawful public purpose.
• The creation or dissemination is made for legal proceedings and is consistent with common practice in civil proceedings necessary for the proper functioning of the civil justice system or protected by court order that prohibits any further dissemination.

Civil Cause of Action

Requirements for civil action: The requirements for bringing a civil action against a person for the nonconsensual creation or dissemination of a “deep fake” are detailed in MCL 752.383.

Accrual, venue, and confidentiality: The accrual and venue for a cause of action under MCL 752.383, and the allowance of confidential filings and injunctive relief to protect confidentiality of the plaintiff using a pseudonym is detailed in MCL 752.384.

Defenses: The available defenses to a civil action under MCL 752.383 are detailed in MCL 752.385.

Remedies: The economic and noneconomic damages that may be recovered from a person found liable because of the creation or dissemination of the deep fake, and the availability of a temporary restraining order or permanent injunction to prevent further harm, are detailed in MCL 752.386.

Exemptions: The entities providing the transmission infrastructure or access to content created by another person that are exempt from civil liability under MCL 752.383 are detailed in MCL 752.387.

Other causes of action: This act does not affect the ability to bring a civil action under any other law.  MCL 752.389(1).