New Deepfake Laws: What Indiana Businesses and Individuals Need to Know

The rise of artificial intelligence has brought many exciting innovations, but it’s also introduced new risks with the rapid spread of “deepfake” technology. Deepfakes are AI-generated images, videos, or audio that convincingly mimic real people, making it possible to create fake news stories, impersonate public figures, or even frame someone for actions they never committed.

Recognizing the dangers, lawmakers at both the state and federal levels have started to take action. Most recently, Congress passed the TAKE IT DOWN Act, which specifically targets the distribution of non-consensual intimate imagery - including deepfake pornography. This law requires online platforms to remove such content quickly, giving victims more power to have damaging material taken down.

But what does this mean for Hoosiers? For individuals, the new law is a step toward protecting your reputation and privacy online. If someone creates and shares a deepfake that harms your image or invades your privacy, you now have legal recourse to demand removal and, in some cases, pursue damages.

Indiana businesses also need to pay attention. As deepfake technology becomes more sophisticated, scammers are using it to commit fraud, manipulate stock prices, or impersonate company executives. It’s critical for businesses to train employees to recognize suspicious emails, calls, or videos - and to have policies in place for responding to potential cyber threats.

Furthermore, if your business operates an online platform or social media service, you have legal responsibilities under the new federal law. Failing to respond promptly to a deepfake takedown request could lead to lawsuits or regulatory penalties.

To stay protected:

• Educate staff about the signs of AI-generated media.

• Monitor your brand and executives for fake content.

• Set up clear reporting and response procedures for suspicious activity.

  
  

As deepfake laws continue to evolve, staying informed is the best way to protect yourself, your business, and your reputation. If you have questions about deepfake liability or need help navigating new regulations, contact Brinkley Law today at 317-766-1379 for a confidential consultation.