Bill
A 2819
NJ A2819 bans creating or disclosing deceptive deepfake media; adds criminal penalties and civil damages for those depicted.
Status and scope
- Bill: A 2819
- Title: Prohibits creation or disclosure of deceptive audio or visual media, known as "deepfakes," under certain circumstances
- Introduced: January 9, 2024
- Status: Introduced in the Assembly; referred to the Assembly Judiciary Committee
- Classification/Subject: SCI and Tech; relates to deception in audio/visual media
- Companion: S 2483 (Senate)
What the bill aims to do
- The bill defines and criminalizes the creation and disclosure of deceptive audio or visual media that appears to authentically depict a person’s speech or conduct but was produced using technical means rather than a real act by that person.
- It creates civil liability for individuals depicted in such media and restricts penalties to certain contexts, with specific protections for news media under narrowly defined circumstances.
Key definitions
- Deceptive audio or visual media: Any video recording, motion picture, sound recording, electronic image, photograph, or similar representation that appears to authentically depict speech or conduct of a person who did not engage in it and was produced primarily through technical means.
- Disclose: Broadly defined as selling, manufacturing, giving, lending, distributing, publishing, sharing, or making available via the Internet or other means, regardless of profit.
Criminal provisions
- Fourth-degree crime for creating deceptive media for an unlawful purpose without license or privilege.
- Possible inference of unlawful purpose if the media is later used to plan or commit offenses such as harassment, cyber-harassment, theft by deception or extortion, false incrimination, or invasion of privacy.
- Fourth-degree penalty: up to 18 months imprisonment, fine up to $10,000, or both.
- Third-degree crime for disclosing deceptive media created in violation of the bill, without clearly labeling it as deceptive media and knowing or reasonably should know it was created unlawfully.
- Third-degree penalty: typically 3–5 years imprisonment, fine up to $15,000 (court may impose up to $30,000).
Civil remedies
- Civil action by the person depicted in the deceptive media, independent of criminal conviction.
- Available in addition to, and not in lieu of, other remedies (e.g., defamation, privacy, misappropriation).
- Potential damages:
- Actual damages, plus at least liquidated damages of $1,000 per violation.
- Punitive damages if willful or with reckless disregard.
- Reasonable attorney’s fees and costs.
- Other appropriate relief (injunctive, equitable relief).
- The act clarifies that civil action can proceed regardless of a criminal conviction.
Procedural/timeline details
- Effective date: Immediate upon enactment.
- Interaction with existing law: Penalties and civil actions are in addition to existing remedies; does not negate rights or immunities of interactive computer services per 47 U.S.C. s.230.
- News media carve-out: The criminal and civil penalties apply to news media or news agencies only if they broadcast or publish a deceptive work created in violation of the bill and fail to clearly identify it as deceptive media.
Impact and who is affected
- Potentially affects creators and distributors of deepfakes, as well as individuals who are depicted without consent.
- News organizations are given a narrow carve-out but could face penalties if knowingly disseminating deceptive media without labeling it.
- Provides a new enforcement pathway via criminal charges and civil actions for harmed individuals.
Notes
- The bill’s companion in the Senate, S 2483, may address similar provisions and influence potential passage.
Compiled from official sources — confirm details with the bill’s official record.
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