ESA warns 'No Fakes Act' fails to distinguish between deepfakes and digital replicas used in video games

June 10, 2026 - 21:54

The Entertainment Software Association has raised serious concerns about a proposed federal bill aimed at combating deepfakes, arguing that the legislation fails to properly distinguish between harmful AI-generated impersonations and legitimate digital replicas used in video games. The trade group, which represents major game publishers, warned that the "No Fakes Act" as currently written "poses a real threat to existing games and to the future of US game development."

At the heart of the issue is how the bill defines a "digital replica." The ESA argues that the language is too broad and could inadvertently cover standard game development practices, such as motion capture, voice acting recordings, and the creation of character models. These techniques have been used for decades to create realistic in-game characters, often with explicit consent and compensation agreements already in place between developers and performers.

The association cautioned that if the bill passes in its current form, it could lead to a flood of litigation against studios for using these routine production methods. Smaller developers, in particular, might struggle with the legal costs of proving their work does not violate the new restrictions. The ESA is urging lawmakers to refine the bill's definitions to protect actors and individuals from malicious deepfakes without collateral damage to the interactive entertainment industry. The group emphasized that the goal is to find a balance that prevents exploitation while still allowing creative and technical freedom in game development.