Bill > A2819

Introduced Session

This bill concerns the creation or disclosure of deceptive audio or visual media, commonly known as "deepfakes." The bill defines deceptive audio or visual media as "any video recording, motion picture film, sound recording, electronic image, photograph, or any technological representation of speech or conduct substantially derivative thereof that appears to authentically depict any speech or conduct of a person who did not in fact engage in the speech or conduct and the production of which was substantially dependent upon technical means, rather than the ability of another person to physically or verbally impersonate the person." The bill establishes a crime of the fourth degree if a person, without license or privilege to do so, generates or creates, or causes to be generated or created, deceptive audio or visual media for an unlawful purpose. The bill provides that the trier of fact may infer that the deceptive audio or visual media was generated or created for an unlawful purpose if the work is subsequently used as part of a plan or course of conduct to commit one or more of the following: (1) harassment; (2) cyber harassment; (3) theft by deception; (4) theft by extortion; (5) false incrimination or reports; or (6)invasion of privacy. A crime of the fourth degree is punishable by a term of up to 18 months imprisonment, a fine of up to $10,000, or both. The bill also establishes a crime of the third degree if a person, without license or privilege to do so, discloses a work of deceptive audio or visual media that the person knows or should reasonably know was created in violation of the provisions of this bill without clearly identifying it as a work of deceptive audio or visual media. A crime of the third degree is ordinarily punishable by a term of three to five years imprisonment, a fine of up to $15,000, or both. However, the bill provides that a court may impose a fine of up to $30,000. Under the bill, a person would be liable to the individual depicted in the deceptive audio or visual media, who may bring a civil action in the Superior Court. The bill further provides that a conviction is not to be a prerequisite for a civil action. The civil action authorized by this bill is to be in addition to, and not in lieu of any other civil action, injunctive relief, or other remedy available at law. The bill provides that it should not be construed to alter or negate any rights, obligations, or immunities of an interactive computer service provider pursuant to 47 U.S.C. s.230. The bill also provides that criminal and civil penalties imposed pursuant to the bill only apply to the news media or a news agency, if the news media or news agency broadcasts or publishes a work of deceptive audio or visual media that the news media or news agency knows was created in violation of the bill and fails to clearly identify the work as deceptive audio or visual media.

AI Summary

Committee Categories

Lou Greenwald (D)*,  Carol Murphy (D)*,  Roy Freiman (D),  Robert Karabinchak (D),  Yvonne Lopez (D),  Shanique Speight (D),  Lisa Swain (D),  Chris Tully (D), 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document