MichiganHB 40472025-2026 Regular SessionHouseWALLET

Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act. Last Action: assigned PA 11'25 with immediate effect

Sponsored By: Sponsor information unavailable

Signed by Governor

Civil procedure: civil actionsCivil procedure: remediesCrimes: obscenity

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Sexual deepfake victims gain lawsuit rights

Effective immediately, you or your representative can sue someone who creates or shares a qualifying nonconsensual sexual deepfake of you. It must realistically show your intimate parts or a sexual act and identify you directly or through accompanying personal information. The person must know or reasonably be expected to know it will cause physical, emotional, reputational, or financial harm. Conduct intended to harass, extort, threaten, or harm also qualifies. You can seek payment for financial losses, emotional harm, the defendant’s profits, court costs, and reasonable lawyer fees. Courts can order the conduct stopped and material removed or contained; violations carry fines up to $1,000 per day. Your claim starts when you discover the deepfake, and courts can allow confidential filings or a substitute name. You can file where you or the defendant lives, or where the deepfake was produced, reproduced, or stored. Consent is a defense only through a plain-language agreement you knowingly and freely signed that specifically describes the intimate depiction. When relevant, that agreement must also describe the audiovisual work using it. Defenses cover specified lawful investigations, prosecutions, reports of unlawful conduct, treatment, and legal proceedings. Public-interest use requires good faith, clear deepfake labeling, and steps to prevent further sharing; protected treatment also requires safeguards against further sharing. Other civil claims remain available.

Sexual deepfake creators face criminal penalties

Effective immediately, intentionally creating or sharing a qualifying harmful sexual deepfake is a crime. It must realistically show an identifiable person’s intimate parts or a sexual act. The offender must know or reasonably be expected to know it will cause physical, emotional, reputational, or financial harm. A misdemeanor carries up to 1 year in prison, a $3,000 fine, or both. A felony carries up to 3 years in prison, a $5,000 fine, or both. Felony triggers include financial loss to the victim, intent to profit, or intent to harass, extort, threaten, or harm. Running a deepfake creation or sharing service, posting the deepfake on a website, or a prior related conviction also triggers felony penalties. Consent is a defense only through a knowing, voluntary, signed plain-language agreement specifically describing the intimate depiction and any relevant audiovisual work. Defenses cover specified lawful investigations, prosecutions, reports of unlawful conduct, treatment, and legal proceedings. Public-interest use requires good faith, clear deepfake labeling, and steps to prevent further sharing; protected treatment also requires safeguards against further sharing. Prosecution under other laws remains available.

Provider protections limit some deepfake claims

Effective immediately, specified online services, mobile and radio services, telecommunications networks, and broadband providers gain protection from liability under this law. The protection covers carrying or providing access to content made by someone else, limiting victims’ claims against these providers. Deepfake tool providers and developers qualify only when their tools are not designed, marketed, or deployed for nonconsensual sexual deepfakes. Their terms of service must also ban explicit deepfake content. These protections do not remove claims against people who create or share the content.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 233 • No: 6

House vote • 8/19/2025

roll call

Yes: 97 • No: 5 • Other: 8

Senate vote • 8/13/2025

PASSED; GIVEN IMMEDIATE EFFECT

Yes: 32 • No: 0 • Other: 5

House vote • 4/24/2025

passed; given immediate effect

Yes: 104 • No: 1 • Other: 5

Actions Timeline

  1. assigned PA 11'25 with immediate effect

    8/26/2025House
  2. filed with Secretary of State 08/26/2025 01:37 PM

    8/26/2025House
  3. approved by the Governor 08/26/2025 01:16 PM

    8/26/2025House
  4. presented to the Governor 08/21/2025 09:30 AM

    8/21/2025House
  5. bill ordered enrolled

    8/19/2025House
  6. roll call Roll Call #174 Yeas 97 Nays 5 Excused 0 Not Voting 8

    8/19/2025House
  7. Senate substitute (S-3) concurred in

    8/19/2025House
  8. laid over one day under the rules

    8/13/2025House
  9. returned from Senate with substitute (S-3) with immediate effect

    8/13/2025House
  10. PASSED; GIVEN IMMEDIATE EFFECT ROLL CALL # 209 YEAS 32 NAYS 0 EXCUSED 5 NOT VOTING 0

    8/13/2025Senate
  11. PLACED ON IMMEDIATE PASSAGE

    8/13/2025Senate
  12. RULES SUSPENDED

    8/13/2025Senate
  13. PLACED ON ORDER OF THIRD READING WITH SUBSTITUTE (S-3)

    8/13/2025Senate
  14. SUBSTITUTE (S-3) CONCURRED IN

    8/13/2025Senate
  15. REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITH SUBSTITUTE (S-3)

    8/13/2025Senate
  16. RULES SUSPENDED FOR IMMEDIATE CONSIDERATION

    8/13/2025Senate
  17. REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE (S-1)

    8/13/2025Senate
  18. REPORTED FAVORABLY WITH SUBSTITUTE (S-1) 8/12/2025

    8/13/2025Senate
  19. REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY

    4/29/2025Senate
  20. PASSED BY HOUSE WITH IMMEDIATE EFFECT

    4/29/2025House
  21. transmitted

    4/24/2025House
  22. passed; given immediate effect Roll Call #69 Yeas 104 Nays 1 Excused 0 Not Voting 5

    4/24/2025House
  23. read a third time

    4/24/2025House
  24. placed on third reading

    4/23/2025House
  25. substitute (H-3) adopted

    4/23/2025House

Bill Text

  • Public Act

    8/26/2025

  • As Passed by the House

    8/19/2025

  • House Concurred

    8/19/2025

  • As Passed by the Senate

    8/13/2025

  • Introduced

    1/30/2025

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