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Studios Warn Of First Amendment Implications For SAG-AFTRA-Backed AI Bill To Require Consent For Digital Voice And Likeness


The draft legislation would apply to living and deceased individuals.

The alternate views of a draft bill, called the No Fakes Act, were apparent in a Senate hearing on Tuesday, underscoring the thorny task at hand for lawmakers as they try to establish guardrails around AI technology. The Motion Picture Association’s senior VP Ben Sheffner cautioned that “legislating in this area involves doing something that the First Amendment sharply limits: Regulating the content of speech.” In his written testimony, he noted that extending digital replica rights to the deceased and “giving heirs or corporate successors the ability to sue over them, would represent a radical change in centuries of American law, under which ‘there can be no defamation of the dead.

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