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SB 362

Forged Digital Likenesses - Distribution - Prohibition

2025 Regular Session Introduced by Katie Hester and 1 co-sponsor

Maryland bill criminalizes distribution of non-consensual deepfakes, creating penalties for sharing forged digital likenesses of real people without their permission.

Hearing 1/29 at 11:00 a.m.
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Bill Summary · SB 362

Legislative bill overview

SB 362 proposes to prohibit the distribution of forged digital likenesses (deepfakes) in Maryland without consent. The bill would establish criminal penalties for creating and sharing synthetic media that depicts real people in false scenarios, particularly focusing on non-consensual intimate or defamatory content.

Why is this important

Deepfake technology has enabled rapid creation of convincing fake videos and images used for harassment, extortion, and reputation damage. As these tools become more accessible, individuals—particularly women and public figures—face growing risks of having their likenesses misused without recourse. This legislation addresses a gap in Maryland law by directly targeting distribution rather than only creation, which could provide meaningful protection for victims.

Potential points of contention

  • Defining "forged" digital likenesses: Questions remain about where the line falls between parody/satire (protected speech) and harmful deception, and whether the definition is precise enough to withstand constitutional challenges
  • Consent and intent requirements: Ambiguity around whether accidental distribution, research purposes, or educational uses would trigger penalties, and how consent is verified
  • First Amendment concerns: Free speech advocates may argue broad restrictions on synthetic media could suppress legitimate political commentary, artistic expression, or investigative journalism involving manipulated media

Compiled from official sources — confirm details with the bill’s official record.

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