US Gaming Industry Opposes No Fakes Act Over Deepfake Concerns

• •ESA warns that the No Fakes Act could lead to frivolous lawsuits against game developers.
• •The bill's definition of 'digital replica' is overly broad, affecting numerous video game characters.
• •ESA has requested amendments to protect legitimate digital creations and tools used in game development.

The Entertainment Software Association (ESA) has expressed significant concerns regarding the No Fakes Act, which is set to be reviewed by the US Senate Judiciary Committee on June 11, 2026. The ESA argues that the bill fails to differentiate between harmful deepfakes and legitimate digital replicas used in video games, potentially leading to frivolous lawsuits against game developers. The current definition of 'digital replica' could allow individuals who resemble game characters to sue, creating economic burdens for the industry. The ESA also highlights that the bill imposes liability on tools used for creating digital replicas, which could include legitimate game development tools. The association has requested amendments to the bill to better protect the gaming industry while still addressing the issue of harmful deepfakes. As of now, the bill is awaiting markup in the Senate Judiciary Committee.