NO FAKES Act of 2025

Control Over Digital Identity: Individuals gain a specific property right to authorize or prohibit the use of their voice or visual likeness in a digital replica. (Section 2(b)(1))

Protection for Minors: The bill requires that any license involving an individual under 18 must be approved by a court in accordance with State law, providing an extra layer of oversight. (Section 2(b)(2)(ii))

Legacy and Inheritance Management: The right to a person's likeness can be transferred to executors, heirs, or assignees after death, allowing families to manage a person's legacy. (Section 2(b)(2)(a)(iii))

Safe Harbors for Expression: The bill protects certain types of speech, such as bona fide news, public affairs, sports broadcasts, and satire, ensuring that information and commentary are not unfairly restricted. (Section 2(c)(5)(A))

Protection Against Sexual Misuse: The law excludes the use of digital replicas that depict sexually explicit conduct from certain protections, ensuring those specific uses are handled under different legal standards. (Section 2(c)(5)(B))

Burden of Proof for Post-Mortem Rights: Right holders seeking to renew post-mortem rights must file notices and demonstrate active and authorized public use of the likeness. (Section 2(b)(2)(a)(iv)(II)(bb))

Liability for False Notifications: Individuals or entities that knowingly misrepresent that material is an unauthorized digital replica can be held liable for $25,000 or actual damages. (Section 2(d)(4)(B))

Stringent Licensing for Minors: Licenses for those under 18 are limited to a maximum of 5 years and must terminate when the individual reaches age 18. (Section 2(b)(2)(ii))

Civil Action Costs: While the bill provides for the recovery of attorney's fees, the legal process for bringing civil actions regarding these rights can be complex. (Section 2(e)(4)(a)(v))