ASSEMBLY SCIENCE, INNOVATION AND TECHNOLOGY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2818

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 4, 2024

      The Assembly Science, Innovation, and Technology Committee reports favorably and with committee amendments Assembly Bill No. 2818.

      As amended and reported, this bill prohibits a person from knowingly or recklessly distributing deceptive audio or visual media, commonly known as “deepfakes,” within 90 days of an election in which a candidate will appear on the ballot, with the intent to deceive a voter with false information about the candidate or the election.

      As amended, a first violation under this bill is a crime of the fourth degree, and a second or subsequent violation is a crime of the third degree.  A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.  A crime of the third degree is punishable by a three to five year term of imprisonment, a fine of up to $15,000, or both. 

      Under the bill, a registered voter may seek injunctive or other equitable relief prohibiting the distribution of a deepfake in violation of this bill.  A candidate whose voice or likeness appears in a deepfake distributed in violation of the bill may bring an action for general or special damages against the person that distributed the deepfake.  The court may also award a prevailing plaintiff reasonable attorney’s fees and costs.

      The bill does not apply if the deepfake includes a disclosure which is either shown or read aloud stating: “This advertisement contains manipulated images or sound.”  The bill does not apply to certain entities enumerated in the bill that routinely carry news and commentary of general interest, and that broadcasts or publishes a deepfake prohibited by the bill for the purpose of disseminating newsworthy facts; provided that the broadcast or publication clearly contains a disclosure which is either shown or read aloud that identifies the deceptive audio or visual deepfake and states that the deepfake does not accurately represent the speech or conduct of a candidate.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1)  change the definition of “deceptive audio or visual media”; and

      (2)  upgrade a violation under the bill from a disorderly person offense to a crime of the fourth degree for a first offense and a crime of the third degree for a second or subsequent offense.