ASSEMBLY SCIENCE, INNOVATION AND TECHNOLOGY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 3064

STATE OF NEW JERSEY

DATED:  FEBRUARY 19, 2026

      The Assembly Science, Innovation and Technology Committee reports favorably Assembly Bill No. 3064.

      As reported, this bill requires social media companies to cooperate with nonprofit organization initiatives to remove nonconsensual intimate images or videos, including any intimate image or video of deceptive audio or visual media, from the social media company’s social media platform.

      Under the bill, intimate images or videos are defined to include images or videos that depict intimate parts, sexual penetration, or sexual contact in any manner in which such objects or acts are not completely and opaquely covered.  An intimate image or video would be considered nonconsensual when the individual in the image or video did not give express consent for the image or video to be taken, recorded, or disclosed.  Additionally, if an intimate image or video depicts a minor, the intimate image or video would be considered nonconsensual whenever the image or video is disclosed.  In the event the image is a work of deceptive audio or visual media, it is considered nonconsensual when an individual who is depicted in the media did not give express consent for the image or video to be created or disclosed.  If the individual depicted in the intimate image or video of deceptive audio or visual media is depicted as a minor or is a minor when the image or video was created or disclosed, the deceptive audio or visual media is considered nonconsensual whenever the image or video is disclosed.

      Specifically, the bill requires each social media company to establish and implement procedures to assist nonprofit organizations in monitoring, flagging, and removing nonconsensual intimate images or videos that are disclosed on a social media platform.  Upon receiving a request to remove any nonconsensual intimate images or videos, the bill requires a social media company to immediately remove the flagged material from the social media platform until a thorough review has been completed and the social media company has determined that the intimate images or videos were consensual.

      The bill imposes a civil penalty of $10,000 for a first offense, and $20,000 for a second and each subsequent offense, in addition to any other penalty imposed by law.

      This bill was pre-filed for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.