ESA Expresses Concern That American Deepfake Bill Could Harm Video Games

A bill aimed at combating deepfakes is being reviewed in the United States. Although the initiative does not directly target video games, the Entertainment Software Association warns that it could still create negative impacts for the industry. The association sent a formal letter to the U.S. Senate to complain about specific language used within the proposed legislation.

According to the ESA, the authors of the document do not clearly distinguish between harmful deepfakes and legitimate digital replicas of people. This distinction is vital for gaming companies because video games frequently feature realistically rendered characters that might bear a resemblance to specific individuals. The association noted that the current definition of digital replicas threatens to encourage frivolous lawsuits from individuals who may resemble a game character simply by coincidence.

The issue is particularly concerning regarding the thousands of background characters present in many video games. While the industry would likely prevail against these claims eventually in court, the time and expense required to litigate such suits would be economically devastating for developers and publishers.

Furthermore, the ESA voiced dissatisfaction with a section of the bill related to deepfake services that imposes liability for their use. The association fears this list could unintentionally include legitimate tools used by developers to create game characters. Consequently, the ESA has formally requested amendments to the bill. Senators have not yet publicly commented on the request.