16. Inauthentic material abuse

that has been altered or generated using digital means;

that is a false or misleading depiction, whether express or implied, of the victim’s words, actions or conduct, even though the victim may not appear in the material; and

that is realistic enough such that a reasonable person would believe that the victim said such words or engaged in such actions or conduct.Explanation 1.—A depiction of the victim saying or engaging in anything includes a depiction of the victim’s likeness saying or engaging in that thing.Explanation 2.—The technology known as generative artificial intelligence is an example of digital means by which content could be altered or generated.Illustrations (a) X posts an image of Y standing on a stage, with a text bubble superimposed on the image containing words allegedly spoken by Y. The image is not realistic enough for a reasonable person to believe Y spoke those words. (b) X posts audiovisual material depicting Y engaged in certain conduct, with a prominent label on the material indicating that it is generated using generative artificial intelligence technology. Because of this label, the material is not realistic enough for a reasonable person to believe Y engaged in that conduct. (c) X posts an image of a car driving into a pedestrian. This image was created by taking a photograph of a car and digitally replacing its number plate with that of a car belonging to Y, so that it implies that Y had driven Y’s car into the pedestrian. The image is realistic enough such that a reasonable person would believe Y had done so. This is inauthentic material depicting Y’s conduct, even though Y does not appear in the image.