Minnesota’s Deepfake Crackdown Foreshadows Legal Clashes

Kristian Stout, ICLE Director of Innovation Policy, was quoted in Law360 article on lawsuits challenging Minnesota’s deepfake law, which raise Section 230 and First Amendment concerns. Read the full article here.

“For nearly three decades, courts have said platforms can’t be held liable for the speech of their users, whether it’s defamatory posts or, as will probably be the case here, deepfakes,” said Kristian Stout, director of innovation policy at the International Center for Law & Economics, a privately funded research group. 

He added that the line between exempted satire and parody and what is considered deceptive under the law “is impossible to draw in advance.”

“That uncertainty means speakers will self-censor, which is the textbook definition of a chilling effect,” he said.