ESA asks lawmakers to consider video game replicas when drafting 'no fakes' law

June 10, 2026 - 12:24

The Entertainment Software Association, the main lobbying group for the video game industry, has asked lawmakers to carve out special protections for video game content when drafting new laws aimed at stopping fake AI-generated images. In a letter sent to congressional leaders, ESA CEO Stanley Pierre-Louis argued that proposed "no fakes" legislation could unintentionally harm game developers who rely on digital recreations of real people.

Pierre-Louis warned that broad language in these bills might treat a video game character modeled after a real actor the same as a deepfake video created to deceive voters. He said game studios need clear exceptions to keep making realistic sports games, historical simulations, and narrative-driven titles that feature digital versions of athletes, celebrities, or historical figures. Without these exclusions, developers could face legal uncertainty every time they license a person's likeness for a virtual world.

The letter comes as Congress considers several bills that would create federal rights for individuals to control how their image, voice, or likeness is used by AI systems. The ESA wants lawmakers to understand that video game replicas are different from malicious fakes. They are authorized, paid for, and part of a creative work. The group is pushing for language that distinguishes between harmful impersonation and legitimate commercial use in interactive entertainment.