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Laws against synthesis and other related crimes: Difference between revisions
Laws against synthesis and other related crimes (edit)
Revision as of 16:18, 5 January 2022
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== Law on synthetic filth in New York State in 2021 == | == Law on synthetic filth in New York State in 2021 == | ||
=== New York State - CHAPTER 6 Civil Rights ARTICLE 5 Right of Privacy SECTION 52-C - Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual === | === New York State - CHAPTER 6 Civil Rights ARTICLE 5 Right of Privacy SECTION 52-C - Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual === | ||
[https://www.nysenate.gov/legislation/laws/CONSOLIDATED Consolidated Laws of New York] / [https://www.nysenate.gov/legislation/laws/CVR/-CH6 CHAPTER 6 Civil Rights] [https://www.nysenate.gov/legislation/laws/CVR/A5 ARTICLE 5 Right of Privacy] / [https://www.nysenate.gov/legislation/laws/CVR/52-C#:~:text=Section%2052%2DC%20Private%20right,explicit%20depiction%20of%20an%20individual '''SECTION 52-C''' - '''Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual''']<ref group="1st seen in" name="CCRI US deepfake laws list" /> | [https://www.nysenate.gov/legislation/laws/CONSOLIDATED '''Consolidated Laws of New York'''] / [https://www.nysenate.gov/legislation/laws/CVR/-CH6 '''CHAPTER 6 Civil Rights'''] [https://www.nysenate.gov/legislation/laws/CVR/A5 '''ARTICLE 5 Right of Privacy'''] / [https://www.nysenate.gov/legislation/laws/CVR/52-C#:~:text=Section%2052%2DC%20Private%20right,explicit%20depiction%20of%20an%20individual '''SECTION 52-C''' - '''Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual''']<ref group="1st seen in" name="CCRI US deepfake laws list" /> | ||
'''The law is as follows:''' | '''The law is as follows:''' | ||
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'''1. For the purposes of this section:''' | '''1. For the purposes of this section:''' | ||
* '''a.''' "''depicted individual''" means an individual who appears, as a result of digitization, to be giving a performance they did not actually perform or to be performing in a performance that was actually performed by the depicted individual but was subsequently altered to be in violation of this section. | * '''a.''' "'''''depicted individual'''''" means an individual who '''appears''', as a result of digitization, '''to be giving a performance they did not actually perform''' or '''to be performing in a performance that was actually performed by the depicted individual but was subsequently altered to be in violation of this section'''. | ||
* '''b.''' "''digitization''" means to realistically depict the nude body parts of another human being as the nude body parts of the depicted individual, computer-generated nude body parts as the nude body parts of the depicted individual or the depicted individual engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, in which the depicted individual did not engage. | * '''b.''' "'''''digitization'''''" means to '''realistically depict the nude body parts of another human being as the nude body parts of the depicted individual''', '''computer-generated nude body parts as the nude body parts of the depicted individual''' or the '''depicted individual engaging in sexual conduct''', as defined in subdivision ten of section 130.00 of the penal law, '''in which the depicted individual did not engage'''. | ||
* '''c.''' "''individual''" means a natural person. | * '''c.''' "''individual''" means a natural person. | ||
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* '''e.''' "''sexually explicit material''" means any portion of an audio visual work that shows the depicted individual performing in the nude, meaning with an unclothed or exposed intimate part, as defined in section 245.15 of the penal law, or appearing to engage in, or being subjected to, sexual conduct, as defined in subdivision ten of section 130.00 of the penal law. | * '''e.''' "''sexually explicit material''" means any portion of an audio visual work that shows the depicted individual performing in the nude, meaning with an unclothed or exposed intimate part, as defined in section 245.15 of the penal law, or appearing to engage in, or being subjected to, sexual conduct, as defined in subdivision ten of section 130.00 of the penal law. | ||
'''2. a.''' A depicted individual shall have a cause of action against a person who, discloses, disseminates or publishes sexually explicit material related to the depicted individual, and the person knows or reasonably should have known the depicted individual in that material did not consent to its creation, disclosure, dissemination, or publication. | '''2. a.''' A depicted individual shall have a '''cause of action''' against a person who, '''discloses''', '''disseminates''' or '''publishes''' sexually explicit material related to the depicted individual, and the person knows or reasonably should have known the depicted individual in that material '''did not consent''' to its '''creation''', disclosure, dissemination, or publication. | ||
* '''b.''' It shall not be a defense to an action under this section that there is a disclaimer in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material. | * '''b.''' It shall '''not be a defense''' to an action under this section that '''there is a disclaimer''' in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material. | ||
'''3. a.''' A depicted individual may only consent to the creation, disclosure, dissemination, or publication of sexually explicit material by knowingly and voluntarily signing an agreement written in plain language that includes a general description of the sexually explicit material and the audiovisual work in which it will be incorporated. | '''3. a.''' A depicted individual may only consent to the creation, disclosure, dissemination, or publication of sexually explicit material by knowingly and voluntarily signing an agreement written in plain language that includes a general description of the sexually explicit material and the audiovisual work in which it will be incorporated. | ||
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:* i. the depicted individual is given at least three business days to review the terms of the agreement before signing it; or | :* i. the depicted individual is given at least three business days to review the terms of the agreement before signing it; or | ||
:*ii. if the depicted individual is represented, the attorney, talent agent, or personal manager authorized to represent the depicted individual provides additional written approval of the signed agreement. | :* ii. if the depicted individual is represented, the attorney, talent agent, or personal manager authorized to represent the depicted individual provides additional written approval of the signed agreement. | ||
'''4. a.''' A person is not liable under this section if: | '''4. a.''' A person is not liable under this section if: | ||
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:* ii. the sexually explicit material is a matter of legitimate public concern, a work of political or newsworthy value or similar work, or commentary, criticism or disclosure that is otherwise protected by the constitution of this state or the United States; provided that sexually explicit material shall not be considered of newsworthy value solely because the depicted individual is a public figure. | :* ii. the sexually explicit material is a matter of legitimate public concern, a work of political or newsworthy value or similar work, or commentary, criticism or disclosure that is otherwise protected by the constitution of this state or the United States; provided that sexually explicit material shall not be considered of newsworthy value solely because the depicted individual is a public figure. | ||
'''5.''' In any action commenced pursuant to this section, the finder of fact, in its discretion, may award injunctive relief, punitive damages, compensatory damages, and reasonable court costs and attorney's fees. | '''5.''' In any action commenced pursuant to this section, the finder of fact, in its discretion, '''may award injunctive relief''', '''punitive damages''', '''compensatory damages''', and '''reasonable court costs''' and '''attorney's fees'''. | ||
'''6.''' A cause of action or special proceeding under this section shall be commenced the later of either: | '''6.''' A cause of action or special proceeding under this section shall be commenced the later of either: | ||