Denmark has recently proposed legislation that would give every person the legal right to their own face, voice, and likeness. The law would prohibit the creation or distribution of artificial media that simulates a person’s identity without their consent. This would apply to content generated using artificial intelligence or other synthetic technologies. Platforms that host such content would be required to remove it upon notice, or face civil liability. Satire and parody would remain protected.
The Monticello Institute for Advocacy supports this framework as a model for the United States Congress to consider. It reflects a sound balance between innovation, liberty, and the protection of the individual against manipulation, misrepresentation, and harm.
MIA encourages Congress to pass legislation that accomplishes the following:
– Establishes a legal property interest in one’s own image, voice, and personal likeness.
– Prohibits the use of artificial intelligence to create or distribute imitations of those traits without the individual’s prior consent.
– Grants every person the right to request removal of such content and to seek damages for harm caused.
– Imposes obligations on hosting platforms to act promptly upon receiving valid requests for removal.
– Protects freedom of expression by ensuring that satire, parody, and political commentary remain lawful and unimpeded.
The right to control one’s own identity is not a privilege granted by institutions. It is a natural element of personhood. When the law fails to recognize this right, it permits others to seize and distort what does not belong to them. It turns free men and women into mere data points to be manipulated for influence or profit.
The state must not invent imaginary rights while ignoring the real ones. Among the most real is the right to not be impersonated by a machine for the benefit of those who seek power without responsibility. Regulation in this area is not a burden. It is the fair application of responsibility to those who operate on a scale that affects the entire public.
A strong and ordered republic depends on what its people can trust. Truth cannot compete with fraud if the law provides no tools for the injured to set the record straight.
While some states have enacted limited protections against nonconsensual deepfakes, the United States lacks a comprehensive law that addresses the broader misuse of personal likenesses. The consequences are already visible in online scams, political deception, and threats to reputations and careers. This issue will only worsen as the tools for manipulation become more accessible.
Federal action would provide clarity across jurisdictions, support victims of identity misuse, and ensure that innovation is guided by respect for the individual.
