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Porn Deep Fakes are out due to new Mastercard Rules

LEGAL NEWS STRAIGHT

There’s been a lot of talk about celebrity deepfakes, but many of them wouldn’t be possible without their porn counterparts. A deepfake for those that don’t know is a video created with the help of AI that appears to be real but in fact is a fake.

Imagine making a celeb be able to say or do anything you want? All fun and games aside, there is a dark side to deepfakes, which often times includes doing a video of doing something that celeb would never do or say. It can even get sexual, like imagine Angelina Jolie in a 20 guy blowbang?

Well Mastercard said, they aren’t cool with this when it comes to porn.

Mastercard updated its Business Risk Assessment and Mitigation (BRAM) standards specifically targeting adult content, spotlighting the controversial topic of deepfakes.

This updated stance was unveiled in the company’s March 2023 FAQ documentation, elucidating the nuances of adult content payment processing.

The freshly amended BRAM guidelines relay a crystal-clear message to acquirers. When it comes to adult content, the guiding principle is simple yet profound: No consent equals non-compliance.

According to the BRAM document sent to acquirers last week regarding adult content:

If consent cannot be established, the content is considered in violation of the adult content and services requirements and therefore, must not be published or must be removed immediately.

Content that lacks clear consent, especially those bearing uncanny resemblances to real individuals without their express permission – including the increasingly problematic deepfakes – is unequivocally in breach of Mastercard’s guidelines. Such content is mandated to either never see the light of day or be expeditiously taken down.

The onus now falls on these payment processors to relay Mastercard’s reinforced stance on deepfakes to their affiliated merchants operating within the adult industry. It’s a decisive step that underscores the card giant’s commitment to ethical standards in an ever-evolving digital age.

Visa has a similiar desire when it comes to consent. They not only want you to have it in the model release but they want to make sure that the model understands what they are areeing to.

About two years ago we had to update model releases to include a statement of explanation so that models who sign the release fully understand that the videos they are making will probably show up on social media or on tube sites like pornhub.

This now seems to extend to AI. They credit card processing companies realize that most model releases have wording in there that cover these things, but they want to make sure that the model signing the release fully unstands the rights they are signing away.


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