Governor Healey Provides Guidance to Schools to Investigate Deepfake Images and Videos to Protect Students
New guidance reinforces state law, outlines responsibilities for schools to respond to AI-generated harm
BOSTON – The Healey-Driscoll Administration today announced new statewide guidance reminding schools that creating a “deepfake” AI-generated nude image of a minor is a criminal offense that must be promptly investigated.
“It’s both terrible and totally unacceptable that young people today are living with the fear that their classmates might create and distribute AI-generated nude images of them. They and their parents deserve to know that, if that happens, their school and community officials will take it seriously and that it would be investigated with perpetrators held accountable, just like any other crime,” said Governor Maura Healey. “We are making sure that schools know they have an obligation to do that. It’s also a call for parents and young people to have conversations about this so the clear message is sent about why this is wrong, illegal and harmful. This is about keeping our students safe and protecting their mental health and wellbeing.”
Under legislation signed by Governor Healey in 2024, it a crime to create, possess or share these materials involving individuals under 18, regardless of whether the image is real or AI-generated.
The guidance outlines a whole-community approach, emphasizing the role of students, educators, families, and community members in preventing harm and promoting digital literacy. It also reinforces that schools must act promptly when they become aware of incidents involving deepfake content. School and district leaders are expected to investigate reports consistent with their obligations under state anti-bullying and anti-discrimination laws, as well as federal Title IX requirements. It also encourages districts to work closely with legal counsel and community partners to ensure that responses reflect both school policies and potential legal implications.
“School communities have an obligation to create and promote safe and supportive learning environments that are free of bullying and harassment. Today’s guidance reiterates that deepfake incidents must be taken seriously – schools are required to take steps to stop the conduct, protect affected students and staff, and educate students on the harm and impact this abuse of technology can have,” said Secretary of Education Steve Zrike.
"This collection of resources is designed to help schools address and prevent the use of deepfakes, particularly when they target students," said Elementary and Secondary Education Commissioner Pedro Martinez. "Law enforcement, school leaders, teachers, and students all have important pieces of this work."
The guidance includes resources on:
- Cyberbullying and harassment prevention
- Legal consequences of sharing explicit images, including AI-generated content
- Digital literacy and responsible technology use
- School obligations to investigate and respond to incidents
- Mandated reporting requirements in cases involving abuse or exploitation.
The state is also encouraging schools to use existing health education and digital literacy frameworks to teach students about consent, online behavior, and the risks associated with sharing images.
This effort builds on Governor Healey’s broader commitment to protect young people online and ensure technology is used safely and responsibly. Earlier this week, Governor Healey filed legislation to strengthen protections for minors on social media platforms, including measures to reduce harmful content, increase transparency, and give families more tools to safeguard their children’s online experiences. Together, these efforts reflect a comprehensive approach to keeping students safe both in and out of the classroom while preparing them to succeed in a rapidly evolving digital world.
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