this post was submitted on 27 Jan 2024
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but then they wouldn't have consented to the creation of porn of themselves. which if it is a deepfake, it is literally non consensual porn.
Hate to break it to you, this is already legal. "Non Consensual Porn" only applies to photographs. Nobody should have to consent to everything like that.
If I draw you standing under the eiffel tower, fully clothed - the legality shouldn't change just because you don't LIKE what's being drawn.
I'm sorry but holy fuck that is just morally bankrupt.
Someone should have the ABSOLUTE right to control any distribution of their image when of a sexual nature that they didn't actively consent to being out there
Anything less is the facilitation of the culture of sexual abuse that lets the fappening or age of consent countdown clocks happen
Drawing a picture of someone under the eifel tower is a wildly different act than drawing them in the nude without them knowing and agreeing with full knowledge of what you plan to do with that nude piece.
I’m wondering if the degree of believability of the image has, or should have any bearing on the answer here. Like, if a third party who was unaware of the image’s provenance came across it, might they be likely to believe the image is authentic or authorized?
For another angle, we allow protections on the usage of fictional characters/their images. Is it so wild to think that a real person might be worthy of the same protections?
Ultimately, people are going to be privately freaky how they’re gonna be privately freaky. It mostly only ever becomes a problem when it stops being private. I shouldn’t have to see that a bunch of strangers made porn to look like me, and neither should Taylor. And mine are unlikely to make it into tabloids.
From https://www.owe.com/resources/legalities/7-issues-regarding-use-someones-likeness/
From that page, it actually looks like there is a very specific criteria for this - and Taylor Swift HERSELF is protected because she is a celebrity.
However, there are still a lot of gotchas. So instead of making the product/art itself illegal, using it as harassment should be what's illegal. Attaching someone's name to it in an attempt to defame them is what's already illegal here.