Massachusetts Deepfake Law — Holliston Public Schools
State Guidance & Resources
The Massachusetts Department of Elementary and Secondary Education has issued formal guidance confirming that deepfakes are covered under existing law and that schools must investigate complaints promptly. The following official resources support safe and inclusive learning environments.
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★DESE Guidance on Deepfake Photos & Videos Primary Guidance →The full April 2026 letter from Commissioner Martinez to superintendents and school leaders — the official DESE guidance document on deepfakes for Massachusetts schools.
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1Think Before You Send: Sexting & Cyberbullying →Youth guide from the Attorney General's Office and Office of the Child Advocate. Covers the "revenge porn" law (M.G.L. c. 272, § 29D), sexting consequences, and the juvenile educational diversion program.
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2DESE Bullying Prevention & Intervention →Resources on bullying, cyberbullying, harassment, and hate and bias incidents — including the Model Bullying Prevention Plan and guidance on incidents originating on social media or outside of school.
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3DLCS & CHPE Curriculum Frameworks →The Digital Literacy & Computer Science and Comprehensive Health & PE frameworks provide the instructional foundation for digital safety, consent, media literacy, and cyberbullying prevention.
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4DESE AI Guidance for K–12 Education →Covers responsible AI use in schools, student safety, civil rights, and combatting misinformation. Includes a U.S. Dept. of Education toolkit and an AI in the Classroom section specifically addressing deepfakes.
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5Federal Title IX: Online & Digital Sexual Harassment →U.S. Dept. of Education OCR guidance confirming that schools must address AI-enabled sexual harassment on digital platforms — including offering supportive measures and investigating formal complaints.
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6Mandated Reporting Obligations (51A) →Deepfakes may trigger 51A mandated reporting requirements if a student is a sexually exploited child or trafficking victim. Applies to teachers, nurses, administrators, counselors, psychologists, and social workers.
Current Massachusetts Law
Sexual Deepfakes Are Illegal
Creating or sharing AI-generated or AI-altered images and videos depicting someone nude or in sexual conduct without their consent is a criminal offense — whether the image is real or AI-generated.
Who It Applies To
- The person depicted must be identifiable
- Content must cause physical, economic, or significant emotional harm
- Applies to juveniles as well as adults
Focus on Harassment
Targets misuse of AI for fake pornography. Especially protects women and girls from AI-enabled exploitation and abuse.
School Responsibilities
April 2026 Guidance: Schools Must Act
Per DESE guidance issued April 15, 2026, schools are required to promptly investigate complaints related to AI deepfakes — consistent with Title IX, bullying, and harassment obligations. Districts are advised to consult legal counsel. A whole-community approach is required: students, educators, families, and community members all play a role in building the digital literacy and critical thinking skills needed to navigate these incidents.
Pending Legislation & Trends
️ Political Deepfakes
Proposed ban on deceptive AI content about candidates within 90 days of an election.
Right of Publicity (H.1615)
Would protect a person's image and voice, allowing individuals to sue for misuse of their likeness.
️ Child Protection (H.1593)
Expands existing laws to explicitly include AI-generated child sexual abuse material (CSAM).
Communications
Important Update: Protecting Our Students from AI-Generated “Deepfakes”
Dear Staff and Families,
On Wednesday, April 15th, Governor Healey and the Department of Elementary and Secondary Education (DESE) issued critical new guidance regarding the rise of AI-generated “deepfake” images and videos in schools. As technology evolves, we remain committed to ensuring our schools are safe, supportive, and focused on learning.
Understanding the New State Guidance
The Healey-Driscoll Administration has clarified that creating, possessing, or sharing AI-generated explicit images of a minor is not just a violation of school rules — it is a criminal offense under Massachusetts law. The MA DESE guidance reinforces our district’s obligation to:
- Investigate reports of deepfake content promptly.
- Support students affected by these incidents.
- Uphold existing anti-bullying and anti-discrimination laws (including Title IX).
Our Foundations: Proactive Protection
While this state guidance is new, our commitment to digital safety is not. We want to reassure our community that we already have robust systems in place to address these challenges:
- Cyberbullying Policy & Procedures: Our existing policies handle digital harassment with the same seriousness as any other form of bullying. We investigate all claims of digital misconduct thoroughly.
- Digital Literacy Curriculum: Our current curriculum teaches students about the responsible use of technology, the importance of digital footprints, and the ethics of online interaction. You can view our standards by visiting our Curriculum Maps and selecting Standards by Unit, then Unified Arts and Digital Literacy.
Our Next Steps
We are taking immediate action to integrate the state’s recommendations into our district’s operations:
- Administrative Review: This topic will be a central focus of our upcoming Principal Meeting on April 29th, where school leaders will review the specific investigative protocols outlined by the state.
- Updated Procedures: We are currently refining our internal response steps to ensure every staff member knows how to identify and report potential AI-generated harm.
- Educational Outreach: We will continue to update our digital literacy lessons to include specific conversations about AI, consent, and the legal consequences of deepfake content.
A Community Partnership
Protecting our students requires a “whole-community” approach. We encourage families to use the upcoming break as an opportunity to have open conversations with your students about the harm and illegality of creating or sharing non-consensual images.
If you or your student becomes aware of any concerning digital content, please report it to your school administration immediately. We are here to support our students’ mental health and well-being as we navigate this new digital landscape together.
We wish you all a safe and restful Spring Break.
Best,
Dan MacLeod
Director of Technology & Digital Learning · Holliston Public Schools