The North Dakota State Legislature has introduced House Bill 1351, aimed at addressing the growing concern over sexually explicit deep fake media, particularly those involving minors. Introduced on January 20, 2025, the bill seeks to establish legal protections for individuals harmed by such content, especially minors who may be identifiable in these videos or images.

The primary provisions of House Bill 1351 include the establishment of a cause of action for minors who suffer harm due to the production, possession, or distribution of sexually explicit deep fake media. The bill specifies that if a minor is identifiable and experiences harm, they can pursue legal action against those responsible for creating or disseminating the content for purposes of sexual arousal, humiliation, or commercial gain. Notably, the bill allows for the exclusion of identifying characteristics of the plaintiff in court documents to protect their privacy.

In terms of damages, the bill outlines that a prevailing plaintiff may recover economic and noneconomic damages, including emotional distress, or opt for statutory damages up to $10,000 against each liable defendant. Additionally, plaintiffs can seek monetary compensation equivalent to any profits made by the defendant from the distribution of the deep fake content, as well as exemplary damages and reasonable attorney's fees.

The introduction of House Bill 1351 has sparked discussions among lawmakers and advocacy groups. Proponents argue that the bill is a necessary step to protect vulnerable populations, particularly minors, from the potential exploitation and harm associated with deep fake technology. Critics, however, raise concerns about the implications for free speech and the challenges of enforcing such regulations in an increasingly digital landscape.

As the bill progresses through the legislative process, its implications could extend beyond legal protections, potentially influencing broader conversations about digital ethics, privacy rights, and the responsibilities of content creators in the age of advanced technology. The outcome of House Bill 1351 may set a precedent for how similar issues are addressed in other states, reflecting the ongoing struggle to balance technological innovation with individual rights and protections.