This bill aims to prevent the distribution of deepfake materials related to political candidates within 90 days of an election. It defines "deepfake" as any media that has been digitally altered to misrepresent a person's appearance, speech, or actions. The bill introduces new definitions, including "synthetic media technology," which encompasses any digital technology used to create synthetic media, such as artificial intelligence or generative AI. It prohibits individuals and entities from disseminating deepfakes that they know or should know are misleading, specifically targeting candidates, election officials, or parties on the ballot. However, exceptions are made for media that includes a clear disclosure about its manipulated nature.

Additionally, the bill outlines the legal recourse available to candidates or election officials depicted in deepfakes, allowing them to seek injunctive relief or damages against those responsible for the dissemination. It also specifies that certain entities, such as news organizations or individuals unaware of the deepfake nature of the content, are exempt from liability. The bill modifies existing legal language by replacing terms like "message" with "deepfake" and "artificial intelligence or generative AI" with "synthetic media technology," while also clarifying the requirements for disclosures in media that contains deepfakes. The act is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 664:14-c