; or (ii) any material activity of a deceased person which such deceased person did not in fact undertake, and the exhibition of which is substantially likely to either further a criminal act or result in improper interference in an official proceeding, a public policy debate, or an election; and (B) was produced without the consent of such living person, or in the case of a deceased person, such person or the heirs thereof. (2) Material activity The term material activity means any speech, conduct, or depiction which causes, or a reasonable person would recognize has a tendency to cause perceptible individual or societal harm, including misrepresentation, reputational damage, embarrassment, harassment, financial losses, the incitement of violence, the alteration of a public policy debate or election, or the furtherance of any unlawful act. (3) Deepfake The term deepfake means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof— (A) which appears to authentically depict any speech or conduct of a person who did not in fact engage in such speech or conduct