ESA says anti-deepfake act could ‘devastate’ video game industry
The Entertainment Software Association (ESA) has formally opposed the No Fakes Act, proposed anti-deepfake legislation, arguing that it fails to adequately distinguish between harmful deepfakes and legitimate digital replicas commonly used in video games. In a letter to the US Senate Judiciary Committee ahead of the bill’s June 11 markup, ESA president and CEO Stanley Pierre-Louis warned that the act “creates a level of uncertainty that poses a real threat to existing games and to the future of video game development in the United States.”
The No Fakes Act (Nurture Originals, Foster Art, and Keep Entertainment Safe), supported by SAG-AFTRA, aims to protect individuals from non-consensual AI-generated deepfake content. However, the ESA contends that the bill’s definition of “digital replica” is too broad and problematic for the gaming industry.
The central issue is that the vague definition of “digital replica” could expose game developers to lawsuits from individuals claiming their digital likenesses were used without authorization, even when such representations are created for legitimate entertainment purposes. Digital character models are standard in video game development, and the ambiguous language could discourage innovation and threaten existing titles already in circulation.
The ESA’s opposition reflects a broader tension in the technology and entertainment sectors: balancing the protection of individuals from harmful AI-generated content with preserving creative and technical practices essential to modern game development. The ESA has requested amendments to clarify the distinction between deepfakes and legitimate digital character usage before the bill advances further.