Romans-a-clef - works in which real-life people and events are given fictional treatment - enjoy the same constitutional protections as other fiction. Librarian Daria Carter-Clark, who had good reason to believe that one of the characters portrayed as having engaged in a sexual fling with the Bill Clinton character was based on her, sued for libel. They’re portrayed as engaging in actions which may or may not have actually happened in real life, some of which arguably, to grab a Supreme Court ruling expression, “appeal to a prurient interest.”

Not everything disgusting violates rights, and only things which violate rights should be treated as crimes, or even actionable torts.Ī 1996 Joe Klein novel and 1998 film, Primary Colors, featured characters who were, recognizably, Bill and Hillary Clinton and members of the Clinton inner circle. Jankowicz willingly sat for a photo that belongs to “the public” to do with as we wish.

Jankowicz supports legislation that would “provide victims with somewhat easier recourse when they find themselves unwittingly starring in nonconsensual porn.”īut “nonconsensual porn” would consist abducting people and forcing them to engage in sexual acts on camera. A photo of her - in fact, an official US government portrait that’s in the public domain - is. It doesn’t matter whether she does or not, because she isn’t in the porn. The title of Jankowicz’s piece is “I Shouldn’t Have to Accept Being in Deepfake Porn.” She DOESN’T have to. put a recognizable facsimile of a person’s head “on” the body of an actor in a pornographic video - may be, it’s inescapably fiction and expression, and entitled to the same protection as other fiction and expression. I don’t blame her for not liking it one bit.īut creepy as deepfake porn - essentially using software to e.g. That’s presumptively both discomfiting and disgusting. She recently discovered that she’s been a subject of it. Jankowicz, who served as Executive Director of the federal government’s now-defunct “Disinformation Governance Board,” has good reason to be upset with the phenomenon of deepfake porn.

“Some [creators/distributors of ‘deepfake’ pornography,” Nina Jankowicz writes at The Atlantic, “seem to believe that they have a right to distribute these images - that because they fed a publicly available photo of a woman into an application engineered to make pornography, they have created art or a legitimate work of parody.”

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