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The terms prohibit generating or using imagery of real individuals, including public figures, that could be used to harass, abuse, or defame them, and specify that attempts to produce sexualized images of real people will be subject to especially strict enforcement action.
This analysis describes what Midjourney's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision addresses a category of AI-generated imagery (non-consensual synthetic imagery of real persons) that is the subject of emerging legislation in multiple US states and internationally. The heightened enforcement posture for sexualized real-person imagery is stated explicitly in the document.
The agreement prohibits generating imagery of real people that could facilitate harassment, defamation, or harm, and states that attempts to produce sexualized imagery of real people will be subject to especially strict enforcement, including through the Editor tool.
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"Do not create or use imagery of real people, famous or otherwise, that could be used to harass, abuse, defame, or otherwise harm. Do not abuse the Editor to manipulate images of real people, famous or otherwise, in ways that could lead to harassment, abuse, or harm. We will take especially strict action against anyone attempting to produce sexualized images of real people.Excerpt from Midjourney's Community Guidelines
(1) REGULATORY LANDSCAPE: This provision engages state-level non-consensual intimate image laws (enacted in numerous US states), deepfake legislation addressing sexualized synthetic imagery (including laws in California, Virginia, and Georgia), and defamation law principles across jurisdictions. The EU AI Act's provisions on prohibited AI practices related to social scoring and manipulation may also be relevant. The FTC may have interest in platform practices related to harassment-enabling content. (2) GOVERNANCE EXPOSURE: Medium. The prohibition is stated in terms of potential for harm ('could be used to'), which is broader than a standard requiring demonstrated harmful use, but the enforcement standard for 'especially strict action' on sexualized real-person imagery is not operationally defined in the document. (3) JURISDICTION FLAGS: US states with enacted non-consensual synthetic intimate image laws, EU member states under the AI Act, and UK users under the Online Safety Act have heightened regulatory exposure. The prohibition applies globally per the document's scope. (4) CONTRACT AND VENDOR IMPLICATIONS: Media and communications organizations should ensure that any real-person imagery generated through Midjourney is not used in contexts that could satisfy the 'could be used to harass or harm' threshold under this provision. (5) COMPLIANCE CONSIDERATIONS: Platform operators embedding Midjourney capabilities should assess whether their downstream moderation and content review processes are sufficient to identify and remove real-person imagery that could violate this provision, and whether their terms of service flow down equivalent obligations to end users.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision addresses a category of AI-generated imagery (non-consensual synthetic imagery of real persons) that is the subject of emerging legislation in multiple US states and internationally. The heightened enforcement posture for sexualized real-person imagery is stated explicitly in the document.
The agreement prohibits generating imagery of real people that could facilitate harassment, defamation, or harm, and states that attempts to produce sexualized imagery of real people will be subject to especially strict enforcement, including through the Editor tool.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Midjourney.