ESA Warns No Fakes Act Could 'Devastate' Video Game Development

The Entertainment Software Association (ESA) has formally opposed the No Fakes Act, with president and CEO Stanley Pierre-Louis sending a letter to the US Senate Judiciary Committee arguing the bill's vague definition of "digital replica" poses a serious threat to the games industry. Pierre-Louis contends that as currently drafted, the legislation could expose studios to lawsuits from individuals who merely resemble a game character — even by coincidence — and that while studios might ultimately prevail in court, the cost of such litigation would be "economically devastating."

The ESA's objections extend beyond character likenesses: the letter also flags liability risks for general-purpose creative tools that could be used to generate digital replicas, warning the bill does not adequately distinguish between purpose-built harmful deepfake tools and legitimate multi-use software. The ESA says it has proposed narrowing amendments to address genuine harms while protecting standard game development practices, but notes that some bill proponents have resisted those accommodations. The No Fakes Act, originally introduced in 2024 and reintroduced in the Senate in April 2025 with bipartisan support, was championed by SAG-AFTRA as a consent-based federal framework protecting performers' voice and likeness from unauthorized digital replication.