ESA says anti-deepfake act could 'devastate' video game industry

June 10, 2026 - 19:10

The Entertainment Software Association has sent a formal letter to lawmakers raising serious concerns about the No Fakes Act, a bill designed to combat unauthorized digital replicas of people. According to the ESA, the legislation in its current form could have a "devastating" impact on the video game industry.

The trade group argues that the bill's language is too broad and could unintentionally restrict legitimate creative practices. Game developers regularly use motion capture, voice recording, and digital modeling to create characters. The ESA warns that if the law is not carefully refined, it might make these standard production methods legally risky. Studios could face lawsuits for using an actor's likeness even when they have proper contracts and consent.

The letter also points out that the No Fakes Act could hinder the preservation and re-release of older games. If a game uses a performer's digital likeness from decades ago, securing new permission might be impossible if the person is deceased or cannot be located. This could effectively lock classic titles out of modern distribution.

While the ESA supports the goal of protecting people from harmful deepfakes, it insists that the bill needs major revisions. The group is pushing for clearer exemptions for expressive works, including video games, films, and television. Without those changes, the ESA says the law would do more harm than good, punishing creators instead of the bad actors it aims to stop. Lawmakers have not yet indicated if they will amend the bill.