Fact Check: "States will lose power to regulate AI-generated explicit material and deepfakes!"
What We Know
The claim that states will lose power to regulate AI-generated explicit material and deepfakes is not supported by current legislative trends. In fact, numerous states have been actively enacting laws to address the challenges posed by deepfakes. For instance, New Jersey recently passed legislation establishing civil and criminal penalties for the production and dissemination of deceptive audio or visual media, commonly known as deepfakes (source-1). This law reflects a growing recognition of the need to protect individuals from the misuse of AI technologies.
As of 2025, at least 32 states have adopted laws addressing deepfakes, with many of these laws imposing criminal penalties on those who create or distribute harmful deepfake content (source-2). This legislative activity indicates that states are not only retaining their regulatory powers but are also expanding them in response to the evolving landscape of AI-generated content.
Analysis
The evidence clearly shows that states are actively engaged in regulating AI-generated explicit material and deepfakes. The legislation passed in New Jersey, for example, was championed by state officials who emphasized the importance of safeguarding public trust and protecting victims from digital deception (source-1). Additionally, the TAKE IT DOWN Act, signed by President Trump, complements state efforts by providing federal protections against nonconsensual publication of intimate images, including deepfakes (source-2).
Critically, the Electronic Frontier Foundation has raised concerns about the implications of such legislation on free expression and due process, suggesting that while the intent is to protect victims, the execution may have unintended consequences (source-2). However, this does not negate the fact that states are actively legislating in this area, which contradicts the claim that they are losing regulatory power.
Furthermore, ongoing legislative sessions in various states continue to see the introduction of bills aimed at regulating deepfakes, indicating a proactive approach rather than a retreat from regulatory authority (source-5). This trend suggests that states are not only maintaining but are also enhancing their capacity to regulate AI-generated content.
Conclusion
The claim that states will lose power to regulate AI-generated explicit material and deepfakes is False. Evidence indicates that states are actively enacting laws to address the challenges posed by deepfakes, with New Jersey's recent legislation serving as a prime example. Additionally, the broader trend across multiple states shows a commitment to regulating this emerging technology, countering the assertion that states are relinquishing their regulatory authority.
Sources
- Office of the Governor - The Official Web Site for The State of New Jersey
- Trump signs legislation addressing deepfakes, 32 states have passed ...
- State Legislation Targets AI-Generated Deepfakes to Protect Individual ...
- Update on 2025 State Legislation to Regulate Election Deepfakes
- How state lawmakers are acting to stop the harm of AI-generated deepfakes
- Deepfakes Are Spreading — Can The Law Keep Up? - Forbes
- In New Legislative Sessions, State Legislators Push for Bipartisan AI ...
- States are racing ahead of Congress to regulate deepfakes
