Bill > S2544

This bill establishes criminal penalties for creating or distributing "deceptive audio or visual media," commonly known as "deepfakes," which are realistic depictions of a person saying or doing something they did not actually do, created using technical means. Specifically, it makes it a third-degree crime to generate or create such media with the intent to use it to commit other crimes, such as those related to fraud, child exploitation, harassment, or hazing. It also makes it a third-degree crime to solicit, distribute, or use deceptive media as part of a criminal plan, or to distribute it knowing it was created illegally. Violators can face fines of up to $30,000 and separate prison sentences for both creating and using deepfakes, as well as for any underlying crimes committed. The bill also allows victims to bring civil lawsuits to recover damages, including liquidated damages of $1,000 per violation, punitive damages, and attorney's fees. However, certain exceptions apply, such as for fair use in criticism, comment, satire, parody, news reporting, teaching, scholarship, or research, and the bill does not apply to interactive computer service providers, cloud services providers, or commercial AI developers, nor does it alter their existing legal immunities. Media outlets broadcasting or publishing deceptive content for newsworthy purposes are also exempt if they provide a clear disclaimer identifying the content as manipulated or potentially manipulated. Disclosing deceptive media to law enforcement or under court order is also permitted.

Budget and Finance, Justice

https://www.njleg.state.nj.us/bill-search/2024/S2544