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Getty Images; iStock; Natalie Ammari/BI
- It is uncommon for celebrities to take legal action against the use of their AI-generated images in fraudulent online ads.
- Mike Huckabee’s lawsuit regarding fake CBD gummies advertisements on Facebook stands out as a notable exception.
- "We intend to pursue this case as far as possible," he stated to Business Insider about his legal battle with Meta.
Typically, when celebrities are depicted in deepfake videos, they do not rush to file lawsuits against platforms like Facebook or YouTube.
This year, Oprah Winfrey chose not to take legal action after her AI replica promoted a self-help course priced at $37 that claimed insights from "missing" Bible verses. Similarly, Taylor Swift did not respond legally after her likeness was used in a deepfake endorsement for Donald Trump.
In instances where Tom Hanks’ digital likeness appeared promoting both a dental plan last October and an alleged miracle cure earlier that summer, the actor opted against pursuing any legal recourse. Likewise, Jennifer Aniston did not seek justice when her AI counterpart suggested on Facebook that collagen supplements were responsible for her enduring bikini figure.
Amidst this trend of restraint among public figures, former Arkansas Governor Mike Huckabee has taken a different route.
Huckabee discovered in May that his manipulated image had been exploited for months in Facebook advertisements promoting CBD gummies. The ads falsely attributed statements about the product curing ailments directly to him: "CBD cured me and can save American lives."
"I was shocked and outraged," Huckabee expressed during an interview with Business Insider. "It was quite alarming."
The former governor may be one of the few public figures taking such grievances into court over deepfakes.
His lawsuit targets Meta Platforms Inc., which owns both Facebook and Instagram, seeking unspecified damages due to what he describes as malicious actions by the company.
"Meta profited from these illegal advertisements which reached millions of users due to their approval," claims Huckabee’s lawsuit. A representative from Meta has yet to respond regarding this matter.
The tech giant is currently attempting to dismiss the case based on Section 230 of the Communications Decency Act—a law enacted in 1996 that generally protects publishers from liability concerning third-party content posted on their platforms.
Digi-legal experts have indicated that Section 230 makes it exceedingly difficult for individuals like Huckabee to successfully sue social media companies over deceptive deepfake ads. Thus far, his case filed in Delaware federal court remains an unusual endeavor within this context.
"He’s challenging an established pattern of courtroom failures,” remarked Eric Goldman, a digital law professor at Santa Clara University. Yet despite these challenges, Huckabee remains resolute:
"Many individuals have fallen victim without pursuing justice because they feel powerless or believe it’s futile—something I strongly disagree with,” he asserted. "
The current environment resembles a Wild West scenario where companies act without accountability—I believe it’s time we hold them accountable.”
Scott Poynter
Facebook: An Advertising Entity
A Similar Case Offers Hope
Huckabee’s attorney Scott Poynter mentioned awareness of another similar lawsuit which provides some optimism regarding their own case.
Three years ago Australian billionaire Andrew Forrest filed suit against Meta claiming negligence related specifically towards cryptocurrency scam ads featuring his image.
Forrest alleged these misleading ads remained active despite multiple requests for removal while defrauding victims out millions.
In June US District Court Judge P.Casey Pitts dismissed arguments made by meta seeking pretrial dismissal under section 230 allowing Forrest’s claim proceed towards trial asserting meta acted beyond being merely neutral content distributor thus losing immunity protections.
Meta’s Revenue Model Under Scrutiny
Poynter summarized their argument succinctly: “Facebook operates primarily as an advertising company.” He noted nearly 98% ($134 billion) revenue generated last year stemmed directly from ad sales alone while its algorithms dictate visibility amongst targeted audiences.
“We contend once they manipulate advertisement distribution through algorithms targeting potential buyers—they lose protection under section 230 immunity,” he added.
Goldman believes however recent developments surrounding Forrest may represent “an anomaly” suggesting if successful appeal could follow suit potentially altering landscape surrounding section two hundred thirty protections altogether.
Warnings exist indicating potential jeopardy facing existing immunity provisions particularly highlighted via Anderson v TikTok—a tragic incident involving ten-year-old Nylah Anderson who died attempting viral challenge promoted via platform leading federal appeals court ruling determining algorithmic involvement negated traditional protections offered under said statute.
“They concluded algorithms constitute content protected by First Amendment rights hence disqualifying them from receiving standard shield provided within two hundred thirty framework,” Goldman explained further emphasizing implications should ruling stand could spell end protective measures enjoyed across social media platforms today.
Huckabe v.Meta
‘What Is Happening Here?’
Mike recalls feeling furious upon discovering fake endorsements selling CBD products attributed inaccurately back May timeframe but cannot pinpoint exact moment realization struck him instead remembers friends reaching out expressing confusion asking “What is happening here?”
The misleading promotions utilized various images including those sourced directly off nationally syndicated talk show titled “Huckbee,” airing weekly through Trinity Broadcasting Network alongside clearly altered visuals according claims outlined within litigation documents submitted accordingly .
“There isn’t any genuine photo resembling what appears there—it looks like I’m crying,” stated huckbee describing one particular instance captured wearing bright red paisley shirt appearing distressed overall .
At least one ad mimicked format resembling Fox News article alleging huckbee departing trinity broadcasting network due near fatal autoimmune disease battle yet miraculously saved thanks fortin-brand cbd gummy usage instead .
Additionally ,these promotions falsely claimed cessation opioid painkillers followed switch gummy regimen entirely . Fortin continues marketing cbd products online sans assistance derived fictitious huckleberry endorsement presently unmentioned defendant status throughout ongoing proceedings .
As inquiries flooded into huckleberry stemming friends fans sponsors alike questioning legitimacy behind health concerns raised , attorney poynters clarified governor does endorse neither cannabis nor derivatives thereof stating firmly opposition held decades long stance opposing marijuana altogether .
With over two million followers across facebook platform alone having faced previous conflicts including temporary account suspension following criticism directed toward government response pandemic issues raised questions surrounding monitoring capabilities employed given nature pervasive scams slipping past scrutiny unnoticed .
“Everyone I know has experienced ‘facebook jail’—if they’re able monitor lesser accounts why aren’t detecting these fraudulent advertisements?” questioned huckleberry openly reflecting frustrations felt amidst ongoing struggles faced navigating complex landscape evolving internet culture today
Regarding current litigation efforts underway :“We will pursue every avenue available until conclusion reached” reiterated determination expressed consistently throughout discussions held thus far moving forward confidently anticipating next steps ahead awaiting additional filings expected shortly supporting motions aimed dismissing claims brought forth initially .
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