SENATE STATE GOVERNMENT, WAGERING, TOURISM & HISTORIC PRESERVATION COMMITTEE

STATEMENT TO

[Second Reprint]

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 2818

STATE OF NEW JERSEY

DATED:  OCTOBER 24, 2024

      The Senate State Government, Wagering, Tourism & Historic Preservation Committee reports favorably Assembly Bill No. 2818 (2R) ACS.

Prohibitions

      This bill prohibits a natural person from knowingly or recklessly distributing deceptive audio or visual media, also commonly known as “deepfakes,” within 90 days of an election in which a candidate or public question will appear on the ballot, with the intent to deceive a voter with false information about the candidate, public question, or the election.  The bill also prohibits a natural person from soliciting the creation of a deepfake with the intent to deceive a voter with false information about the candidate, public question, or the election. 

Criminal Penalties

      A first violation for either offense 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.

Civil Remedies

      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 injunctive relief or for general or special damages against the person that distributed media.  The court may also award a prevailing plaintiff reasonable attorney’s fees and costs.  However, a plaintiff’s entitlement to relief must be demonstrated by clear and convincing evidence.

Applicability

      The bill does not apply to de minimis alterations of a person’s image or appearance, or if the deepfake includes a disclaimer which is either shown or read aloud stating: “This work contains manipulated images or sound.”  The bill also contains certain free speech exceptions if a deepfake containing a disclaimer is disclosed in connection with criticism, comment, satire, parody, news reporting, teaching, scholarship, or research. 

Exempted Entities

      The bill does not apply to interactive computer service providers, cloud services providers, or developers or providers of artificial intelligence technology pursuant to 47 U.S.C. s.230.  The bill does not apply to television, cable, or radio stations, or other carriers of advertising, such as websites, billboards, newspapers, magazines, mobile apps, or video streaming platforms, through which an advertisement containing deceptive audio or visual media appears, where the advertising channel or medium’s role in disclosing the advertisement is limited to the selling of advertising time or space, or where an advertising channel or medium is prohibited by federal law from censoring the advertisement regardless of its content.  Finally, the bill does not apply to broadcasters, websites, newspapers, or magazines that routinely carry news and commentary of general interest that broadcast or publish a deepfake, provided that it is done solely for the purpose of disseminating newsworthy facts and contains a disclaimer that identifies the work as a work of deceptive audio or visual media.

      As reported by the committee, the committee substitute for Assembly Bill No. 2818 (2R) is identical to Senate Bill No. 2543, which was also reported by the committee on this date.