EnglishEspañol
Michigan flag

Michigan

Michigan Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 6 primary sources cited on this page. How we verify our legal content

Michigan Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

Frequently Asked Questions

Is it illegal to make a deepfake of someone in Michigan?

It depends on the type of deepfake. Creating or sharing an intimate deepfake of an identifiable person is a criminal offense under Michigan PA 11 of 2025, punishable by up to 1 year (misdemeanor) or 3 years (felony with aggravating factors). Creating AI-generated election disinformation within 90 days of an election is prohibited under MCL 168.932f, and a paid political ad generated by AI must carry an AI disclosure under MCL 169.259 at any time of year. Deepfakes for satire or commentary that do not involve intimate imagery or election manipulation are generally not prohibited, though other laws such as defamation or fraud may still apply.

Is deepfake porn a crime in Michigan?

Yes. Michigan PA 11 of 2025 (the Protection from Intimate Deep Fakes Act) makes it a crime to intentionally create or share a deepfake depicting intimate body parts or sexual acts of an identifiable person without consent, when the creator knew or should have known it would cause harm. The base offense is a misdemeanor (up to 1 year, $3,000). Aggravating factors, such as posting online or intent to harass or extort, elevate the charge to a felony (up to 3 years, $5,000).

Can I sue someone for making a deepfake of me in Michigan?

Yes, for intimate deepfakes. PA 11 of 2025 creates a civil cause of action allowing victims to recover economic damages, noneconomic damages (including mental anguish and humiliation), the defendant's profits, attorney fees, and injunctive relief. Civil fines of up to $1,000 per day apply for injunction violations. For other types of deepfakes not covered by PA 11, existing tort claims such as defamation, false light, or intentional infliction of emotional distress may be available depending on the facts.

Are AI voice clones illegal in Michigan?

Michigan has no statute that directly prohibits AI voice cloning of private individuals. There is no ELVIS Act-style right-of-publicity law in Michigan. Common law recognizes an appropriation tort, but it has not been extended by courts or legislature to cover synthetic AI voice replicas. If the voice clone is used in robocalls, it is illegal nationwide under the FCC's February 2024 TCPA ruling. If used to impersonate a government entity or business, the FTC's Impersonation Rule applies.

Does Michigan law cover AI-generated child sexual abuse material?

Yes. MCL 750.145c expressly includes 'computer-generated image' in its definition of child sexually abusive material. The statute covers any depiction that appears to include a child engaging in listed sexual acts, regardless of whether a real child was involved in production. Federal law (18 U.S.C. 2256) provides an additional layer of coverage for AI-generated CSAM indistinguishable from a real minor.

What is the 90-day election deepfake rule in Michigan?

MCL 168.932f prohibits distributing AI-generated media that falsely depicts a candidate or political figure within 90 days before an election, when done with the intent both to harm a candidate's reputation or electoral prospects and to deceive voters about whether the depicted individual actually said or did what is shown. A disclaimer safe harbor applies: if the media clearly discloses that it was manipulated by technical means, with format-specific requirements for video, audio, and images, distribution is lawful even within the 90-day window.

Do AI-generated political ads have to be labeled in Michigan outside the 90-day window?

Yes. MCL 169.259, added by 2023 PA 263, requires any qualified political advertisement generated in whole or substantially by artificial intelligence to carry a clear and conspicuous statement saying so. It applies year-round, with no 90-day window and no intent-to-deceive element, which makes it broader than MCL 168.932f. The disclosure must run at least 3 seconds spoken in audio, at least 4 seconds on screen in video (plus the 3-second spoken statement), and in graphics must use letters at least as large as the majority of the other text. A first violation is a civil infraction with a fine of up to $250; each later violation carries up to $1,000.

How does the federal TAKE IT DOWN Act work in Michigan?

The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) applies in all 50 states including Michigan. It makes it a federal crime to publish nonconsensual intimate visual depictions, including AI deepfakes, and requires platforms to remove flagged content within 48 hours of a victim's notice. Victims can report violations to the FTC. The federal law works alongside Michigan's PA 11 of 2025, giving victims both state and federal remedies simultaneously.

Is the DEFIANCE Act law in Michigan?

No. The DEFIANCE Act (S.1837) is a proposed federal bill that would create a civil cause of action for sexual deepfake victims with liquidated damages of $150,000, or $250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment. The Senate passed S.1837 by unanimous consent on January 13, 2026, but as of mid-2026 the bill remains pending in the House and has not been enacted. Michigan victims of intimate deepfakes already have civil remedies under state law through PA 11 of 2025.

Updates

Added Michigan's second AI election law, MCL 169.259, which requires any paid political ad generated by AI to disclose that fact year-round, and corrected the description of the Kohls v. Bonta ruling to reflect that the injunction against California's AB 2839 runs to the named plaintiffs rather than statewide.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Updated NO FAKES Act federal bill citation to S.4591 (119th Congress, "NO FAKES Act of 2026") and current Senate Judiciary Committee status.

Governing law re-checked for recent changes

Corrected MCL 168.932f: all four elements (knowledge, 90-day timing, intent to harm a candidate, and intent to deceive voters) must apply together, not any two joined by 'or'; and corrected MCL 752.388's consent defense, which requires only a general description of the depiction, not that it be specifically described.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Michigan Public Act 11 of 2025 (HB 4047) - Protection from Intimate Deep Fakes Act(legislature.mi.gov).gov
  2. Michigan Public Act 12 of 2025 (HB 4048) - Sentencing Guidelines Amendment(legislature.mi.gov).gov
  3. MCL 168.932f - Materially Deceptive Media in Elections (2023 PA 265)(legislature.mi.gov).gov
  4. MCL 750.145c - Child Sexually Abusive Material (includes computer-generated images)(legislature.mi.gov).gov
  5. TAKE IT DOWN Act, Public Law 119-12 (S.146, 119th Congress, signed May 19 2025)(congress.gov).gov
  6. Federal CSAM statute, 18 U.S.C. 2256 (PROTECT Act 2003)(law.cornell.edu)
  7. FCC 24-17 - AI-Generated Voices in Robocalls Ruled Illegal Under TCPA (Feb 2024)(fcc.gov).gov
  8. MCL 169.259 - AI Disclosure for Qualified Political Advertisements (2023 PA 263)(legislature.mi.gov)
Share: