Liking Post That Contains Porn Deepfake Can Lead to Liability, Court Says in Megan Thee Stallion Lawsuit

At least this is so when defendant "also ... allegedly directed viewers of her post to click on her 'Likes' page where the video had been archived" (not clear what the judge would have thought if the case involved solely the "like").

More from the Megan Thee Stallion lawsuit I blogged about below:

Under Section 836.13, Florida Statutes, a plaintiff may bring a civil action against anyone who "willfully and maliciously promotes" an "altered sexual depiction" of her without her consent. The statute defines "promote" broadly, covering actions like publishing, distributing, exhibiting, or presenting the altered content.

Count II of the Amended Complaint alleges Defendant did just that—first by "liking" a post on X.com containing a deepfake pornographic video of Plaintiff, then by directing her followers to her "Likes" page where the video remained accessible. The parties do not dispute that the video meets the statute's definition of an "altered sexual depiction"; they only disagree on whether Defendant's conduct amounts to "promotion." …

By "liking" an X.com post that featured the deepfake video, the video was exhibited on Defendant's X.com account's "Likes" page, "which tracked and displayed 'liked' posts for other users to see." Defendant also brought the video "before the public" when she allegedly directed viewers of her post to click on her "Likes" page where the video had been archived. (See Am. Compl. ¶ 45 ("Defendant intended for this statement [('Go to my likes.')] to encourage her followers and other members of the public to watch the [d]eepfake [v]ideo, which had been added to her 'Likes' page around the same time." (alterations added and adopted))).

Because Plaintiff plausibly alleges Defendant promoted the deepfake video under section 836.13, dismissal is unwarranted.