Spreading AI-generated content could lead to expensive fines

The internet is being flooded with AI-generated “deepfake” materials, leading to dangerous consequences. From deceiving voice clones of former US presidents to fake images of children in natural disasters, the impact is far-reaching. Nonconsensual AI-generated sexual content is causing trauma for many individuals, from high schoolers to public figures like Taylor Swift. While tech giants like Microsoft and Meta have attempted to address AI manipulation, their efforts have had limited success. Now, governments are stepping in with fines as a means of enforcement.

Lawmakers in Spain have proposed legislation that would fine companies for failing to properly label AI-generated content. Similarly, lawmakers in South Dakota are seeking penalties for sharing deepfakes aimed at influencing political campaigns. These laws use financial consequences as a way to deter the spread of misleading content.

The Spanish bill aligns with the EU AI Act, imposing stricter transparency requirements on AI tools classified as “high risk,” including deepfakes. Failing to label AI-generated content properly would be considered a serious offense under this legislation.

Spain’s Digital Transformation Minister, Oscar Lopez, highlighted the dual nature of AI as a tool for both improvement and misinformation. The legislation aims to address the misuse of AI by imposing fines and penalties.

In addition to labeling requirements, the Spanish legislation prohibits the use of “subliminal techniques” on vulnerable groups and places limits on organizations using biometrics tools to infer personal characteristics. If approved, Spain will be the first EU country to enforce guidelines around deepfakes.

A handful of US states are taking the lead on deepfake enforcement

The proposed South Dakota bill focuses on labeling political deepfakes created or shared close to an election. It includes exemptions for certain media outlets and satire or parody content, but aims to address the spread of misleading information.

Several US states have enacted laws targeting deepfakes, especially those influencing political campaigns. The rise in deepfake use was evident in 2024 when an AI-generated voice clone of President Joe Biden was used in political messaging, resulting in FCC fines for those involved.

States like Florida, Louisiana, Washington, and Mississippi have laws against distributing nonconsensual AI-generated sexual content, known as “revenge porn.” The prevalence of such content online highlights the need for stricter regulations and safeguards.

Efforts at the federal level to address deepfakes have been slower, but initiatives like the “Take It Down Act” are gaining traction. This bill aims to criminalize the posting of nonconsensual intimate imagery and require social media platforms to promptly remove such content.

The Senate has already approved the bill, and it may soon be up for a vote in the House within the next few weeks or months.

Melania Trump expressed her concern about the impact of malicious online content, particularly deepfakes, on young teenagers, especially girls. She emphasized the damaging effects of this toxic environment.

While the intention behind implementing laws to restrict deepfakes is commendable, critics are apprehensive about the potential consequences of some of the proposed legislation. The Electronic Frontier Foundation (EFF) has raised concerns about the broad language used in certain state laws that could be exploited by malicious actors to target legitimate content. EFF also criticized bills like the Take It Down Act for potentially leading to the censorship of legal speech under the guise of combating deepfakes.

The year 2025 could witness a significant shift in global efforts to combat AI-generated deepfakes, with more European countries likely to introduce laws similar to Spain’s legislation. The U.S. is also on the brink of passing its first federal bill to ban deepfakes. However, the effectiveness of these laws in practice remains uncertain, as legal challenges from tech companies and political campaigns could strain government resources and impact the balance between combating deepfakes and upholding free speech rights.