The rapid advancement of deepfake technology has introduced significant challenges to privacy, security, and the integrity of personal and political reputations. Recognizing these threats, Florida has enacted statutes to address the misuse of artificial intelligence (AI) in creating altered sexual depictions and political misinformation. Florida Statutes Section 836.13 (effective Oct. 1, 2022) and Section 106.145 (effective July 1, 2024), aim to protect individuals and uphold the integrity of electoral processes from attackers wielding deepfakes as digital weapons.

What Are Deepfakes?

Deepfakes are hyper-realistic digital media forgeries created using AI. The technology, easily accessible via your preferred app store or a simple Google search, can credibly depict individuals saying or doing things they never did, often by replacing the face of an original video subject with the face of a targeted individual. For example, here is a link to a news report on YouTube showing a deepfake video of Indian actress Rashmika Mandanna. https://youtu.be/Wf228W4E4DA?si=kV8LkguhDsuKFfVM&t=17. Audio deepfakes can also be convincing, especially when used over the phone. Beyond video and audio, deepfakes can also include text and images. Initially a novelty, the technology has advanced to become a powerful tool for harassment, defamation and misinformation.

Florida Statute Section 836.13: Altered Sexual Depictions