Russia proposes to strictly limit deepfakes: from their creation to distribution. Moreover, the punishment will depend on the consequences - from fines to several years of imprisonment.
How they are going to fight deepfakes
Senator Vladimir Kozhin sent a bill to the government apparatus in mid-March on the introduction of liability for deepfakes. This was reported to RBC by a participant in the IT market who has a copy of the document.
The project proposes to amend the law "On Information, Information Technologies and Information Protection." We are talking about prohibiting the creation and use of unreliable images, videos and voice recordings of a person without his consent - that is, deepfakes.
Without the consent of a person, it will be prohibited to:
- create deepfakes;
- store them;
- distribute;
- provide access to them.
When deepfakes are still allowed
The bill provides for exceptions. Deepfakes can be created and used if:
- a person makes them for himself and does not distribute them;
- there is prior consent of the person (or after his death - from children, spouse or parents);
- already published deepfakes are used without changes, indicating the source and date;
- they are needed for defense, security and law enforcement;
- this is a parody or caricature with a clear indication of the goals, author and date;
- there are other cases that the law may establish.
At the same time, if the creator does not prove that such consent was obtained, the deepfake is considered created illegally.
Internet platforms will be required to respond
Almost all digital platforms may fall under the new rules:
- messengers, social networks, mail services;
- video platforms;
- search engines;
- ad sites;
- hosting providers;
- media and other Internet resources.
They will have to give users the opportunity to complain about deepfakes and promptly consider such appeals. The procedure for removal and blocking will be established by Roskomnadzor.
Punishment will depend on the severity of the consequences
If the deepfake has caused serious harm (reputation, privacy, etc.):
- a fine of up to 500 thousand rubles;
- or mandatory work for up to 480 hours;
- or correctional labor for up to a year;
- or restriction of freedom for up to two years.
If there are aggravating circumstances (greed, use of the Internet or media, a group of people):
- a fine of up to 1 million rubles;
- or forced labor for up to three years;
- or imprisonment for up to three years.
If it concerns minors, pornography, hatred or serious consequences:
- up to five years of imprisonment.
If the deepfake concerns representatives of the authorities or is used to provoke serious crimes:
- from three to seven years of imprisonment.
Separately - fines without a criminal case
If the violation does not reach a criminal article, administrative fines are proposed:
- 9–30 thousand rubles for citizens;
- 30–100 thousand - for officials;
- 100–300 thousand - for companies.
For refusing to remove or block a deepfake:
- up to 50 thousand rubles for individuals;
- up to 100 thousand - for officials;
- up to 500 thousand - for legal entities.
The law is already being discussed with businesses
The document has already been submitted to the Ministry of Digital Development and is currently being discussed with businesses and departments.
Journalists sent a request to Vladimir Kozhin's reception office and the office of Deputy Prime Minister Dmitry Grigorenko.