New York deepfake law works through four state statutes that hit different targets: Penal Law § 245.15 makes non-consensual sexual deepfakes a crime, Civil Rights Law § 52-c lets victims sue for damages, Election Law § 14-106 forces disclosure labels on manipulated political media, and Civil Rights Law § 50-f protects performers (living and deceased) from unauthorized digital replicas. The Fashion Workers Act adds specific protections for models. Two federal laws, the TAKE IT DOWN Act and Section 230, shape what you can do about platforms. Which rules matter to you depends on what the deepfake shows and who is in it.
Non-Consensual Sexual Deepfakes
Penal Law § 245.15 makes it a crime to share sexually explicit images that have been digitally altered to depict someone without consent. The statute covers any still or video showing a person’s intimate body parts or sexual activity when the image was “created or altered by digitization,” defined as manipulating an image using pictures of a different person or computer-generated content to look realistic.1New York State Senate. New York Penal Law 245.15 – Unlawful Dissemination or Publication of an Intimate Image AI-generated deepfakes fall squarely inside that definition.
The prosecutor has to prove two things about intent: that the person sharing the image meant to cause emotional, financial, or physical harm, and that they knew or should have known the victim didn’t consent. This applies even when the original underlying photo was taken with consent. If the victim reasonably expected the image to stay private, altering and distributing it still violates the law.1New York State Senate. New York Penal Law 245.15 – Unlawful Dissemination or Publication of an Intimate Image
The offense is a Class A misdemeanor, carrying up to 364 days in jail.2New York State Senate. New York Penal Law 70.15 – Sentences of Imprisonment for Misdemeanors and Violations The statute expressly preserves Section 230 immunity for online platforms, so the criminal charge runs against the person who created or shared the deepfake, not the website hosting it. The law carves out narrow exceptions for reporting unlawful conduct, law enforcement and legal proceedings, voluntary public exposure, and legitimate public purposes.1New York State Senate. New York Penal Law 245.15 – Unlawful Dissemination or Publication of an Intimate Image
Suing the Person Who Shared It
Civil Rights Law § 52-c gives victims a separate private right of action. You don’t need a criminal complaint or conviction first; the civil case stands on its own.3New York State Senate. New York Civil Rights Law 52-C – Private Right of Action for Unlawful Dissemination or Publication of a Sexually Explicit Depiction of an Individual This is often the more practical route, because identifying and criminally prosecuting anonymous creators is difficult.
A successful plaintiff can recover compensatory damages, punitive damages, injunctive relief ordering removal of the content, and reasonable attorney fees and court costs. The statute does not cap punitive damages, leaving the amount to the finder of fact.3New York State Senate. New York Civil Rights Law 52-C – Private Right of Action for Unlawful Dissemination or Publication of a Sexually Explicit Depiction of an Individual
The filing deadline is the later of three years after the image was shared or one year after you discover, or reasonably should have discovered, that it was shared.3New York State Senate. New York Civil Rights Law 52-C – Private Right of Action for Unlawful Dissemination or Publication of a Sexually Explicit Depiction of an Individual The discovery rule matters because victims often don’t learn about a deepfake for months or years after it starts circulating.
Political Deepfakes and the Disclosure Rule
Election Law § 14-106 requires anyone distributing political media that contains “materially deceptive” content to include a clear disclosure. On video or images, the label must be printed in a legible font no smaller than other text, reading: “This [image, video, or audio] has been manipulated.” Audio must carry a spoken version clear enough for an average listener. The requirement applies to any person, organization, campaign, or committee distributing manipulated political content with actual knowledge that it is materially deceptive.4New York State Senate. New York Election Law 14-106 – Political Communication
Three categories are exempt: satire and parody, news reporting by legitimate news organizations that acknowledges questions about the content’s authenticity, and broadcast stations that can show they imposed their own consistent disclaimer requirements on advertisers. Satire and parody don’t need a label at all.4New York State Senate. New York Election Law 14-106 – Political Communication
What a Targeted Candidate Can Do
A candidate whose voice or likeness appears in unlabeled deceptive media can go to court for injunctive relief to stop the distribution, plus attorney fees and court costs. The action starts by filing an order to show cause in the supreme court of the jurisdiction where the media could influence voters. These cases get automatic calendar preference and expedited proceedings.4New York State Senate. New York Election Law 14-106 – Political Communication
To get preliminary relief before an election, the candidate must show they are more likely than not to succeed on the merits and that an effective remedy is possible before election day. The plaintiff has to prove the media is materially deceptive by clear and convincing evidence, a higher bar than most civil cases require.4New York State Senate. New York Election Law 14-106 – Political Communication
Candidates, voters, or organizations can also report suspected Election Law violations to the Division of Election Law Enforcement online, by mail to the NYS Board of Elections in Albany, or by email to Enforcement@elections.ny.gov. Phone complaints are not accepted. Anonymous complaints are allowed, but providing contact information lets the office follow up and send you the final determination.5Division of Election Law Enforcement. File a Complaint
Unauthorized Digital Replicas of Performers and Models
Civil Rights Law § 50-f protects performers against unauthorized digital cloning during their lifetime and for 40 years after death. A “digital replica” is a computer-generated representation that is highly realistic and readily identifiable as a specific person’s voice or visual likeness, where the actual person either didn’t perform at all or their performance was materially altered. Routine edits like color correction, remixing, or digital remastering don’t count.6New York State Senate. New York Civil Rights Law 50-F – Right of Publicity
A “deceased performer” under the statute means someone who was domiciled in New York at death and earned a living through acting, singing, dancing, or playing a musical instrument. Using a deceased performer’s digital replica in an audiovisual work, sound recording, or live musical performance without authorization from the estate exposes the user to damages.6New York State Senate. New York Civil Rights Law 50-F – Right of Publicity
The exceptions are broad. Using a digital replica is not a violation when it appears in parody, satire, commentary, or criticism. Works of political or newsworthy value, documentaries, docudramas, biographical works, and news or sports programming are exempt. A deceased performer can be depicted as themselves with some degree of fictionalization, except in a live musical performance. Advertisements promoting any of these exempt works are similarly protected.6New York State Senate. New York Civil Rights Law 50-F – Right of Publicity
Estate Registration
Successors and licensees of a deceased performer can file a Right of Publicity Claim Registration with the New York Department of State. The deceased personality must have been domiciled in New York and must have died on or after May 29, 2021, the law’s effective date. The registration asks the claimant to identify the basis for their claim (spouse, child, contract party) and specify the rights claimed and their percentage interest. The filing fee is $150.7Department of State. Right of Publicity
Fashion Models
The New York Fashion Workers Act adds specific protection for models whose likenesses might be replicated using generative AI. Modeling agencies and their clients (retail stores, manufacturers, designers, advertising agencies, and publishers) must get a model’s express permission before creating a digital replica that substantially replicates or replaces the model’s appearance or performance. Before this law, companies could scan a model’s body and use AI-generated versions for marketing without consent, credit, or compensation. Routine photographic edits like color correction and minor retouching stay exempt.
Federal Laws That Change the Picture
The TAKE IT DOWN Act
Signed into law on May 19, 2025, the TAKE IT DOWN Act creates a federal criminal offense for publishing non-consensual intimate images, including AI-generated deepfakes, and covers threats to publish such material.8Congress.gov. S.146 – TAKE IT DOWN Act Penalties reach up to two years in federal prison for violations involving adults and up to three years for violations involving minors.9Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Publication of Intimate Images
The most useful feature for victims is the platform removal requirement. By May 19, 2026, covered platforms must establish a process for victims to request removal of non-consensual intimate images. Once notified, a platform has 48 hours to take down the image and make reasonable efforts to remove identical copies.9Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Publication of Intimate Images This closes a gap New York’s state laws leave open: before this Act, there was no reliable federal mechanism to force a platform to remove content quickly.
Section 230 and Platform Immunity
Section 230 of the federal Communications Decency Act continues to shield online platforms from liability for content posted by users, and New York’s Penal Law § 245.15 expressly preserves that immunity.1New York State Senate. New York Penal Law 245.15 – Unlawful Dissemination or Publication of an Intimate Image In practice, your state-law options run against the person who made or shared the deepfake, not the site hosting it. The TAKE IT DOWN Act’s removal mandate operates alongside Section 230 rather than repealing it. Platforms aren’t liable for damages, but they now face a federal obligation to take content down once properly notified.
The DEFIANCE Act, a separate federal bill that would create a civil right of action for victims of non-consensual intimate deepfakes to sue creators and distributors for monetary damages, passed the Senate unanimously in January 2026 but has not yet been voted on in the House.10Congress.gov. S.1837 – DEFIANCE Act of 2025 If enacted, it would give New York victims a federal civil remedy on top of § 52-c.
Next Steps by Type of Deepfake
If a non-consensual sexual deepfake targets you, two paths can run at the same time. Filing a police report can trigger criminal prosecution under Penal Law § 245.15. Independently, an attorney can file a civil suit under Civil Rights Law § 52-c without waiting on any criminal case.3New York State Senate. New York Civil Rights Law 52-C – Private Right of Action for Unlawful Dissemination or Publication of a Sexually Explicit Depiction of an Individual Once the TAKE IT DOWN Act’s platform compliance deadline arrives in May 2026, you can also submit a removal notice directly to any covered platform and expect action within 48 hours.9Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Publication of Intimate Images
If you’re a candidate depicted in unlabeled deceptive political media, move quickly. Filing an order to show cause in New York Supreme Court starts the expedited process designed to get relief before an election.4New York State Senate. New York Election Law 14-106 – Political Communication
If you’re managing a deceased performer’s estate, filing a Right of Publicity Claim Registration with the Department of State for $150 establishes the estate’s claimed interest on the record and puts you in position to pursue damages under § 50-f if an unauthorized use occurs.7Department of State. Right of Publicity Living performers and models who find their likeness used without consent in a commercial context should talk to an attorney about their options under § 50-f and the Fashion Workers Act.