Bill > S2543

This bill makes it a crime to knowingly or recklessly share or create "deceptive audio or visual media" – meaning fake videos, audio recordings, or images that realistically depict someone saying or doing something they didn't – within 90 days of an election, if the intent is to deceive voters about a candidate or public question. A first offense is a fourth-degree crime, and subsequent offenses are a third-degree crime. The bill defines "candidate" as anyone seeking public office, and "disclose" broadly to include selling, sharing, or making available such media. It also criminalizes "soliciting" the creation of such deceptive media with the same intent. However, this prohibition does not apply if the deceptive media includes a clear disclaimer stating "This work contains manipulated images or sound," which must be visible for the entire duration of a video or image, or clearly spoken at the beginning of audio. The bill also allows voters and candidates to seek court orders to stop the disclosure of such deceptive media and permits candidates to sue for damages. Certain exceptions are made for criticism, satire, parody, news reporting, teaching, scholarship, research, and for platforms like interactive computer service providers (as defined by federal law), broadcasting stations, and news organizations that are not involved in creating the deceptive content and are either selling advertising space or are legally prohibited from censoring it, provided that news organizations clearly label deceptive content if its deceptive nature is known. The bill takes effect immediately.

Budget and Finance, Government Affairs

https://www.njleg.state.nj.us/bill-search/2024/S2543