TRENTON, NJ – A significant step forward was made as bipartisan legislation, championed by Senator Paul Moriarty and Senator Kristin Corrado, aiming to penalize the production and distribution of deepfake content, successfully advanced from the Senate Law and Public Safety Committee.
This legislation is designed to confront the challenges posed by deceptive digital media, introducing criminal penalties for individuals who engage in the creation or distribution of this content with malicious intent.
The proposed bill stipulates that the creation and dissemination of misleading audio or visual media for unlawful purposes will constitute a third-degree crime, subjecting offenders to potential imprisonment of three to five years, a fine of up to $15,000, or both. Furthermore, the legislation allows for the possibility of a doubled fine, reaching up to $30,000, under certain conditions.
Victims depicted in deepfake materials have the right to pursue civil litigation in Superior Court, according to the bill’s provisions. Senator Moriarty emphasized the importance of establishing a legal framework to address the harmful effects of digital misinformation, highlighting the necessity of such measures in the current landscape of increasing online manipulation.
Deepfakes, sophisticatedly crafted through advanced machine learning techniques to produce highly realistic but entirely fabricated images or videos, have raised concerns nationwide. As the phenomenon becomes more widespread, states like California, Michigan, Minnesota, Texas, and Washington have taken legislative steps to regulate these deceptive practices, though no federal regulation exists to date.