EFF Warns NO FAKES Act Risks Silencing Satire and News Online
EFF issued an analysis opposing the NO FAKES Act for threatening free speech online.
Why it matters: Legal professionals must understand how this legislation could impact First Amendment protections and digital expression law. The bill’s broad controls on digital replicas may chill commentary, satire, and journalism if passed.
- The NO FAKES Act was reintroduced May 20, 2026, by bipartisan senators including Blackburn, Coons, Tillis, and Klobuchar.
- The bill creates a federal right of publicity controlling AI-generated digital replicas of individuals’ likenesses.
- EFF warns the Act could suppress satire, commentary, and news, potentially infringing free speech rights.
- Entertainment Software Association cautions the law may cause legal uncertainty for video game development.
- The Act contains exceptions for bona fide news, public affairs, sports, documentaries, and satire/parody content.
The NO FAKES Act, formally introduced on May 20, 2026, aims to regulate AI-generated deepfakes by establishing a federal right of publicity. It would give individuals control over the use of their digital likenesses, including in AI-based content. The bill has bipartisan support from Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC), and Amy Klobuchar (D-MN), signaling substantial legislative momentum.[RIAA]
Supporters like Sean Astin, SAG-AFTRA President, argue the law provides crucial protection: "Unchecked AI can ruin lives. Americans are demanding that the Federal Government take sensible action." The Act also includes safe harbor provisions for online platforms utilizing notice-and-takedown systems.[SAG-AFTRA]
However, the Electronic Frontier Foundation (EFF) issued a detailed analysis on June 17 warning that despite containing exceptions for satire, commentary, and news, the Act "could suppress commentary, satire, and news, potentially infringing on First Amendment rights." EFF Staff Attorney Katharine Trendacosta cautions the bill "would create another layer of internet censorship on top of existing legal and voluntary takedown systems."[EFF]
The Entertainment Software Association (ESA) also expresses concern, highlighting that the bill "creates a level of uncertainty that poses a real threat to existing games and to the future of video game development in the United States." ESA fears it fails to adequately distinguish harmful deepfakes from legitimate digital replicas used creatively in games.[ESA]
Legal professionals should watch closely as the NO FAKES Act advances. While addressing valid privacy harms posed by AI-generated replicas, the bill’s expansive rights and enforcement mechanisms remain vague. The potential chilling effects on free speech, satire, and journalistic expression raise significant First Amendment concerns.
By the numbers:
- May 20, 2026 — NO FAKES Act reintroduced in Senate
- Over 16,000 — Signatures on SAG-AFTRA’s open letter supporting the Act
- June 17, 2026 — EFF issued public analysis warning of free speech risks
Yes, but: The bill includes exceptions for bona fide news, public affairs, sports broadcasts, documentaries, satire, parody, and commentary, but critics argue these are insufficient to prevent censorship concerns.
What's next: Stakeholders await further legislative debate and public comment. Industry groups and civil liberties advocates are expected to continue lobbying around the bill's language and scope.