Senators Chris Coons (D-DE) and Marsha Blackburn (R-TN) are reintroducing their legislative proposal known as the Nurture Originals, Foster Art, and Keep Entertainment Safe, or NO FAKES, Act. This bill aims to create standardized regulations concerning the use of AI-generated replicas of individuals’ faces, names, and voices. The renewed effort, following prior introductions in 2023 and 2024, has gained the endorsement of a significant online platform: YouTube.
In a recent statement, YouTube emphasized that the act aims to strike a balance between protection and innovation by empowering individuals to alert platforms when they encounter unauthorized AI-generated likenesses. YouTube joins a coalition of supporters that previously included SAG-AFTRA and the Recording Industry Association, despite criticism from civil liberties advocates such as the Electronic Frontier Foundation (EFF), which labeled earlier versions of the legislation as overly expansive.
The 2024 revision of the NO FAKES Act stipulates that online platforms, including YouTube, cannot be held accountable for hosting unauthorized digital replicas if they comply by removing such content following reports of infringement and informing the uploader about the action taken. Notably, this protection does not extend to services primarily designed for or marketed around the creation of deepfakes.
At a press conference discussing the bill, Senator Coons highlighted that this latest version includes considerations for free speech and establishes limits on liability.
In addition, YouTube has voiced support for the Take It Down Act, which criminalizes the dissemination of non-consensual intimate images, including those created via AI. This act mandates social media platforms to implement swift procedures for removing reported instances. The provision has faced significant opposition from civil liberties organizations, alongside some advocacy groups focused on combating non-consensual intimate imagery, yet the legislation has successfully passed through the Senate and advanced out of a House committee recently.
YouTube is also announcing an expansion of its pilot program for “likeness management technology,” launched in collaboration with CAA last year. The program aims to assist celebrities and creators in identifying unauthorized AI replicas and enabling them to request the removal of such content. Among the prominent creators participating in the pilot are MrBeast, Mark Rober, and Marques Brownlee.
