Laws against synthesis and other related crimes: Difference between revisions

Laws against synthesis and other related crimes (edit)

Revision as of 12:18, 31 March 2021

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→‎Law on synthetic filth in California 2020: + sourced the introduction from AB 602 + wikilinked

Juho Kunsola

Bureaucrats, Interface administrators, Administrators

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@@ Line 125: / Line 125: @@
 [[File:Connie Leyva 2015.jpg|thumb|right|240px|[[w:California]] [[w:California State Senate|w:Senator]] [[w:Connie Leyva]] sponsored [https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200SB564&showamends=false '''California Senate Bill SB 564''' - ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''] in Feb '''2019'''. It is almost identical to Assembly Bill 602 authored by [[w:Marc Berman]]. The bill was [https://www.sagaftra.org/action-alert-support-california-bill-end-deepfake-porn endorsed by SAG-AFTRA]. AB-602 became law on 1 January 2020 in the [[w:California Civil Code|w:California Civil Code]] of the [[w:California Codes]].]]
-The law of California is as follows:
+'''Introduction''' by [https://a24.asmdc.org/ Assemblymember Marc Berman]:
-'''1708.86.'''
+'''AB 602''', Berman. '''''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action'''''.
-('''a''') '''For purposes of this section''':
+Existing law creates a private [[w:Cause of action|w:right of action]] against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act '''without the person’s consent''' if specified conditions are met.
+This bill would provide that a '''depicted individual''', as defined, has a '''[[w:cause of action]] against''' a person who either
+* (1) '''creates''' and intentionally discloses sexually explicit material if the person knows or reasonably should have known the '''depicted''' individual '''did not [[w:consent]]''' to its creation or disclosure or
+* (2) who '''intentionally discloses''' sexually explicit material that the person did not create if the person knows the '''depicted''' individual '''did not consent''' to its creation.
+The bill would specify exceptions to those provisions, including if the material is a matter of legitimate public concern or a work of political or newsworthy value.
+The bill would authorize a prevailing [[w:plaintiff]] who suffers harm to seek [[w:Injunction|w:injunctive]] relief and recover reasonable [[w:attorney’s fee]]s and costs as well as specified monetary [[w:damages]], including [[w:Statutory damages|statutory]] and [[w:punitive damages]].
+'''The law is as follows''':
+SECTION 1. Section 1708.86 is added to the [https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CIV&tocTitle=+Civil+Code+-+CIV Civil Code of California Civil Code (of California)], to read:
+'''1708.86.''' ('''a''') '''For purposes of this section''':
 * (1) “''Altered depiction''” means a performance that was actually performed by the depicted individual but was subsequently altered to be in violation of this section.
 * (2) “''Authorized Representative''” means an attorney, talent agent, or personal manager authorized to represent a depicted individual if the depicted individual is represented.