North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S828

Introduced
5/2/24  

Caption

Child Protection & Deepfake Prohibition Act

Impact

The bill proposes significant amendments to existing state laws regarding sexual exploitation of minors under G.S. 14-190.16, G.S. 14-190.17, and G.S. 14-190.17A. It outlines clear definitions and increases the penalties associated with the creation, distribution, and possession of visual materials that misrepresent minors in sexual contexts, categorizing violations as felonies ranging from Class C to Class H, depending on the nature of the offense. Additionally, a sum of one million dollars is appropriated to assist law enforcement agencies in enforcing the new provisions, emphasizing a strong commitment to child protection.

Summary

Senate Bill 828, known as the Child Protection & Deepfake Prohibition Act, aims to strengthen the legal framework against the production and dissemination of visual representations that falsely depict minors in sexual activities. The bill addresses issues arising from the use of deepfake technology, which can be misused to create harmful and exploitative content involving minors. By prohibiting such acts, the legislation seeks to enhance the protections for children against digital exploitation.

Sentiment

The sentiment surrounding SB 828 appears to be largely supportive, driven by a consensus on the need for stronger protections for children in the context of rapidly advancing technology. Proponents advocate for the bill as a necessary measure to combat digital exploitation and reflect a societal commitment to safeguarding minors. Conversely, concerns may arise regarding the implications for freedom of expression and the practical challenges of enforcing such laws, particularly with the nuances of deepfake technology and distinguishing artistic expression from malicious intent.

Contention

Notable points of contention may include the balance between necessary legislative action to protect minors and potential overreach into areas affecting creative expression or legitimate representation. Critics could argue that while the intent is to protect children from exploitation, the broad language regarding visual representations could inadvertently criminalize innocent artistic expression. Additionally, the effectiveness of the allocated funding in enforcing the new provisions raises questions about the actual impact on local law enforcement capabilities and training.

Companion Bills

No companion bills found.

Previously Filed As

NC SB2437

"Prohibition of Exploitation by Deepfakes Act"; enact.

NC SB1156

Relating To Deepfakes.

NC SB1156

Relating To Deepfakes.

NC AB621

Deepfake pornography.

NC SB146

Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act

NC HB1941

Preventing Deepfakes of Intimate Images Act

NC HB633

TAKE IT DOWN Act Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act

NC HB185

Regards an individual's persona usage; prohibit certain deepfakes

NC HB663

Civil Actions - Sexual Deepfake Representations and Revenge Porn

NC HB22

Distribution Of Sensitive And Deepfake Images

Similar Bills

WI AB33

Representations depicting nudity and providing a penalty.

WI SB33

Representations depicting nudity and providing a penalty.

WI SB815

Synthetic digital representations and providing a penalty.

WI AB855

Synthetic digital representations and providing a penalty.

OK SB19

Legal representation for children and parents; creating the Family Representation and Advocacy Program Revolving Fund; stating purpose; directing disbursement of funds. Effective date.

NJ A5088

"AI Likeness Protection Act"; concerns distributing realistic representation of individual's image, likeness, or voice created using generative artificial intelligence.

HI SB854

Relating To Immigration.

HI SB854

Relating To Immigration.