On 13 May 2025, the Act criminalising non-consensual disclosure of explicit synthetic media depicting identifiable individuals (SB 413) enters into force. The Act prohibits the knowing or purposeful disclosure of explicit synthetic media depicting an identifiable individual without that individual’s consent, where the disclosure is likely to cause substantial emotional distress or is intended to terrify, threaten, harass, intimidate, or injure. It also prohibits the possession and threatened disclosure of such media with intent to obtain money or other valuable consideration. “Explicit synthetic media” refers to AI-generated or otherwise fabricated media depicting sexual conduct or intimate body parts. Penalties include up to one year’s imprisonment and a USD 1'000 fine for a first offence, 5 years’ imprisonment or a fine of up to USD 10'000 for repeat violations, and 10 years’ imprisonment if the individual depicted is under 18. The Act includes exemptions for disclosures made in legal proceedings, public interest reporting, scientific research, and education, and excludes liability for online platforms unless they knowingly assist in the disclosure.
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