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NO FAKES Act

NO FAKES Act of 2025 (Nurture Originals, Foster Art, and Keep Entertainment Safe Act) (H.R.2794 / S.1367)

Creates federal intellectual property protection for individuals' voice and visual likeness against unauthorized AI-generated digital replicas. Holds companies liable for producing, hosting, or sharing non-consensual digital replicas.

Jurisdiction

United States

Enacted

Pending

Effective

TBD

Enforcement

Federal courts

Introduced April 9, 2025. Both House (H.R.2794) and Senate (S.1367) versions referred to Judiciary Committees. No committee vote as of March 2026.

Congress.gov

Why It Matters

Would establish the first federal framework for protecting individuals from unauthorized AI-generated digital replicas of their voice and likeness, complementing the DEFIANCE Act's focus on non-consensual intimate imagery.

Recent Developments

Reintroduced April 2025 with bipartisan support from Senators Klobuchar, Coons, Blackburn, and Tillis. Revised version expanded to 39 pages with notice-and-takedown provisions. Strong industry support (SAG-AFTRA, RIAA). EFF criticism of censorship infrastructure requirements.

At a Glance

Applies to

Image GeneratorVideo GeneratorAudio GeneratorDigital Replica

Requires

Who Must Comply

  • AI system developers creating digital replicas
  • Platforms hosting AI-generated content
  • Entities distributing AI-generated replicas

Safety Provisions

  • Federal right protecting voice and visual likeness from unauthorized AI replication
  • Liability for producing unauthorized digital replicas
  • Liability for hosting or sharing unauthorized digital replicas
  • Notice-and-takedown requirements for platforms

Compliance & Enforcement

Penalties

Civil liability for damages

Private Right of Action

Individuals can sue directly without waiting for regulatory action.

View on map

United States

Focus Areas

Child safety

Cite This

APA

United States. (n.d.). NO FAKES Act of 2025 (Nurture Originals, Foster Art, and Keep Entertainment Safe Act) (H.R.2794 / S.1367).

Related Regulations

In Effect US

TAKE IT DOWN Act

First federal law addressing AI-generated intimate imagery. Criminalizes publication of nonconsensual intimate imagery (NCII) including AI "digital forgeries." Creates 48-hour takedown obligation for platforms.

Proposed US

FTC AI Accuracy Policy Statement

Proposed FTC enforcement policy stating that steering AI system outputs toward undisclosed objectives, contrary to users' reasonable expectations of accuracy and objectivity, is likely a deceptive practice under Section 5 of the FTC Act - including where the steering is done to comply with state AI laws.

In Effect US-HI

HI Deepfake Civil Remedy Act

Creates a civil cause of action allowing individuals to sue over realistic digital imitations (deepfakes) depicting them without consent, with statutory damages available.

Enacted EU

EU PLD

Modernized product liability framework explicitly covering AI systems and software as products. Shifts burden of proof in complex AI cases, allows disclosure orders for technical documentation, and addresses liability for AI-caused harm including through software updates.

Enacted SG

Singapore OSRA

Creates a dedicated Online Safety Commission (OSC) with powers to order takedowns and disable access, establishes statutory torts providing victims of online harms with direct civil remedies against platforms and perpetrators.

In Effect EU

EU Digital Omnibus (AI)

Amendments to the EU AI Act (Regulation (EU) 2026/1744, in force July 27, 2026) that delay high-risk AI system obligations by up to 16 months, make compliance timing conditional on availability of harmonised standards and support tools, and add a new Article 5 prohibition on AI systems for generating non-consensual intimate imagery (nudification tools) and CSAM.

Last updated March 23, 2026. Verify against primary sources before relying on this information.