The Dangers of Deepfake

By Journalist Stephanie Landaverde (OSU).

Sen. Bell (right) presented her author’s explanation with Rep. McIntyre (left) to the Senate. 

Of all deepfake content available on the internet, 96% is pornographic material depicting digitally altered nonconsenting individuals, Sen. Bell said in her author’s explanation. 

Sen. Bell and Rep. McIntyre presented their joint bill OU-002, known as the “Deepfake, Deep Trouble” Act of 2023, to the Senate on Friday afternoon. 

The bill criminalizes the distribution of digitally altered pornographic and sexually suggestive material that depicts nonconsenting individuals, including that of minors.

Bell said deepfake pornography has become more easily accessible over the last five years and only a handful of states have legislation addressing the issue. Those consuming deepfake pornography can request “personal girls.”

“On one of these websites, a man requested a deepfake pornographic video of his own underage daughter,” Bell said during her author’s explanation.“And according to the law of that state, it is not considered child pornography. Because the bodies are consenting adults, technically.” 

Bell said this is a modern technological issue that legislation has not caught up with yet.

Her co-author, McIntyre, said that while this bill would only impact Oklahoma, she believes it would act as a stepping stone for federal legislators. 

The bill would penalize any distribution of this material by subjecting the person responsible to defamation charges, a fine of no more than $15,000 and imprisonment of no more than three years. If the material depicted minors, the fine could rise to $30,000 and the imprisonment time to 10 years. 

By suspension of the rules, the Senate moved to waive time for questions and previous question the bill. The body moved directly to a vote; with 17 votes in the affirmative, zero votes in the negative and four abstentions, this bill passed the Senate unanimously. 

Bell said she was taken aback by the body’s decision. She said the Senate is a difficult body to persuade.

“For them to not even want to ask me questions, not even want to debate it, not even want to, you know, caucus about it, it’s kind of an honor,” Bell said. 

McIntyre is a zero star and this was her first time presenting a bill in either chamber. Following the vote, she said she felt ecstatic. 

“I did not expect that reaction,” McIntyre said. “I at least thought they were going to ask a lot of questions. That’s what I anticipated. But you know, the stackable and waiving and everything and just getting straight to voting really caught me off guard. And the unanimous consent was great.”