Bill

Bill > A4163


NJ A4163

NJ A4163
Provides civil penalties for campaign advertisements containing "deepfake" misrepresentations of candidates.


summary

Introduced
02/19/2026
In Committee
02/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill supplements the "Fair Campaign Practices Act," P.L.1975, c.190, by providing for a civil cause of action for campaign advertisements containing "deepfake" misrepresentations of candidates generated by artificial intelligence technology. The bill defines "deepfake" as any video recording, motion picture film, sound recording, electronic image or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) that is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in the speech or conduct; and (2) the production of which was substantially dependent upon technical means rather than the ability of another individual to physically or verbally impersonate the individual. The bill applies to all candidates, corporate entities, political action committees, political parties, and any employee, contractor, or individual acting at the behest of a candidate or covered entity. Under the bill, a covered person is liable for fraudulent misrepresentation of a candidate if the covered person knowingly and intentionally disseminates a campaign advertisement containing a deepfake, and provides an exemption if the advertisement clearly discloses that it contains deepfake content. A candidate is protected under the bill from the date that the candidate establishes a candidate committee under State law, or the date that the candidate files a Statement of Candidacy with the Federal Election Commission under federal law. A candidate for office may bring a civil action against a covered person if aggrieved by a campaign advertisement containing deepfake content and may be entitled to recover punitive damages. During any period while a civil action is pending, a court may order the immediate removal of the campaign advertisement in question or prohibit the making of any campaign advertisement expenditure. A court may additionally impose civil penalties for each campaign advertisement containing unique deepfake content, in an amount of up to $15,000 per day related to campaigns for municipal or county public office, $50,000 per day for State public office, and $250,000 for federal public office. The bill would not apply to: law enforcement officers in their official duties; streaming services and television, radio, cable, or satellite broadcasters; newspapers, magazines, and periodicals; interactive computer services; Internet service providers; providers of cloud storage, cybersecurity, or communication services; telecommunications networks; providers or developers of artificial intelligence technology; or content that constitutes satire or parody. This bill is substantially based upon Pennsylvania bill H.B.811, passed by the Pennsylvania House of Representatives on June 23, 2025.

AI Summary

This bill, building upon the "Fair Campaign Practices Act," establishes civil penalties for campaign advertisements that use "deepfake" technology to create misleading representations of candidates. A "deepfake" is defined as a highly realistic digital creation, such as a video or audio recording, that falsely depicts an individual saying or doing something they did not, and which relies heavily on technology rather than human impersonation. The bill applies to candidates, political committees, parties, and any individuals acting on their behalf, but provides an exemption if the advertisement clearly discloses that it contains deepfake content. Candidates are protected from the moment they establish a committee or file a federal candidacy statement. Aggrieved candidates can sue those who knowingly and intentionally disseminate deepfake campaign ads, potentially recovering punitive damages and legal costs. Courts can order the immediate removal of such ads or halt campaign expenditures while a lawsuit is pending. Significant daily civil penalties can be imposed for each unique deepfake advertisement, ranging from $15,000 for local races to $250,000 for federal races. However, the bill exempts law enforcement, broadcasters, news outlets, interactive computer services, internet providers, and developers of AI technology, and does not apply to satire or parody. This legislation is modeled after a similar bill passed in Pennsylvania.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced, Referred to Assembly State and Local Government Committee (on 02/19/2026)

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