HB 4047: Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act. - Michigan

As Passed by the Senate → Substitute (H-2) · 3 edits

MINOR

The bill text was reformatted and slightly edited for clarity. The most significant substantive change is the addition of a new defense provision in Section 5(2)(b), which allows creators to avoid liability if they made the deep fake for a specific purpose (the text appears to be cut off mid-sentence). Minor wording adjustments were made to improve readability throughout.

Scope change

The scope of the bill remains focused on civil liability for nonconsensual deep fakes, with a new potential defense mechanism added.

ENFORCEMENT

Added a new defense provision in Section 5(2)(b) that may allow creators to avoid liability if the deep fake was created for a specific purpose, though the full text of this defense is incomplete in the provided excerpt.

DEFINITION

Minor wording changes in Section 2 to clarify how individuals can be identified from deep fakes, including adding 'or by a reasonable individual viewing or listening to the deep fake' as a method of identification.

TECHNICAL

Formatting changes throughout the document, including header updates changing from 'SENATE SUBSTITUTE' to 'SUBSTITUTE', and updating internal reference numbers from 'S-3' to 'H-2'.

House Introduced Bill → As Passed by the House · 6 edits · Apr 24, 2025

MODERATE

The bill was substantially rewritten to clarify definitions of 'deep fakes' and 'depicted individuals,' expand the scope of protected content to include realistic depictions of speech or conduct, and add comprehensive defenses for creators acting in the public interest or for legal purposes. The criminal penalties were increased to felonies in certain cases, and new civil remedies including statutory damages and attorney fees were added to strengthen protection against nonconsensual deep fakes.

Scope change

The bill's scope expanded from only covering intimate parts and sexual acts to also covering realistic depictions of speech or conduct, and added broader exemptions for public interest reporting and legal proceedings.

DEFINITION

The definition of 'deep fake' was expanded to include technological representations of speech or conduct that are substantially derivative of original recordings, not just visual depictions of intimate parts or sexual acts.

The definition of 'depicted individual' was modified to include individuals identifiable by face, likeness, or distinguishing characteristics who appear to be engaging in conduct they did not actually engage in.

ENFORCEMENT

New criminal penalties were added, including felony charges with up to 3 years imprisonment and $5,000 fines for cases involving financial loss, profit motive, or intent to harass or extort.

REQUIREMENT

New civil remedies were added, including recovery of economic and noneconomic damages, profits made from the deep fake, and reasonable attorney fees.

ELIGIBILITY

New affirmative defenses were added for creators, including those acting for criminal investigations, public interest reporting, medical treatment, legal proceedings, or when the deep fake was clearly labeled and created in good faith.

The standard for establishing harm was modified from requiring 'knowledge or reckless disregard' to 'knew or reasonably should have known' that harm would occur.

As Passed by the House → As Passed by the Senate · 2 edits · Aug 13, 2025

MINOR

The Senate version of HB 4047 adds a new exception that exempts technology providers and developers from liability if their tools are not specifically designed for creating nonconsensual deep fakes and if they have prohibited such content in their terms of service. This change narrows the bill's scope by providing a safe harbor for legitimate technology companies while maintaining liability for those who knowingly create or distribute harmful deep fakes.

Scope change

The bill's scope was narrowed by adding an exemption for technology providers who do not design their tools for nonconsensual deep fake creation and who have prohibited such content in their terms of service.

SCOPE

Added new subsection (d) that exempts technology providers and developers from liability if their technology is not designed for nonconsensual deep fake creation and they have prohibited such content in their terms of service.

ELIGIBILITY

Modified the liability provisions to include conditions under which technology companies would not be held responsible for deep fake-related harms.

Substitute (S-3) - 3 → House Concurred Bill · 5 edits

MODERATE

The bill was reformatted from a Senate substitute version to the final House Concurred version, with substantive additions to the criminal penalties section and expanded defenses for creators. The most significant change is the addition of new affirmative defenses that allow individuals to create or share deep fakes for purposes like reporting unlawful conduct, seeking medical treatment, or matters of public interest, provided certain conditions are met.

Scope change

The bill's scope was expanded through the addition of multiple new affirmative defenses in the criminal section that were not present in the Senate substitute version, allowing more circumstances under which deep fake creation or dissemination is legally permissible.

ENFORCEMENT

Added new affirmative defenses to the criminal penalties section allowing creation or dissemination of deep fakes for criminal investigations, reporting unlawful conduct, medical treatment, public interest matters, and legal proceedings.

Added a new subsection clarifying that consent is not a defense to criminal prosecution unless it meets specific written agreement requirements.

Added a new subsection providing immunity from liability for internet service providers, telecommunications companies, and technology developers under specific conditions.

REQUIREMENT

Added new sections clarifying that this act does not prevent civil actions under other laws and does not limit prosecution under other laws.

TECHNICAL

Changed formatting from Senate substitute markup to final bill format, including capitalization corrections and reorganization of sections.

Substitute (H-3) → Substitute (S-3) - 5 · 1 edit

MINOR

This diff shows only technical and formatting changes to the bill's header information, converting it from a House substitute to a Senate substitute version. No substantive policy changes, scope modifications, or legal provisions were altered in this document segment.

TECHNICAL

The bill version identifier changed from 'H-3' (House version 3) to 'S-3' (Senate version 3), indicating the bill has been amended by the Senate. The document tracking codes also changed from 'vj6akc' to 'nzkuot', reflecting different legislative processing identifiers.

Substitute (H-2) - 2 → Substitute (H-3) · 2 edits

MINOR

The bill was revised to clarify the mental state required for liability in deep fake cases, changing from 'knowledge' to 'knew or reasonably should have known.' This makes it easier to hold creators accountable even if they weren't explicitly aware of the harm their deep fake would cause. The substantive policy changes focus on strengthening protections for individuals against nonconsensual deep fakes by lowering the threshold for establishing liability.

Scope change

The bill's scope remains focused on civil actions for nonconsensual deep fakes, but the applicability is broadened by removing the strict 'knowledge' requirement.

REQUIREMENT

Changed the mental state requirement from requiring actual knowledge of harm to including 'reasonably should have known,' making it easier to prove liability when creators were negligent about potential harm.

ELIGIBILITY

Rephrased the language around who can be held liable, clarifying that both the creator and disseminator are covered under the same mental state standard.

Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act.

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