This bill aims to prohibit the distribution of intentionally deceptive audio or visual media, commonly referred to as deepfakes, within 90 days of an election where a candidate is on the ballot. It establishes that a person who knowingly or recklessly distributes such media with the intent to mislead voters about a candidate or the election commits a disorderly person offense, which can result in up to six months of imprisonment, a fine of up to $1,000, or both. However, the bill includes a provision that exempts media from this prohibition if it contains a clear disclosure stating, "This advertisement contains manipulated images or sound."
Additionally, the bill allows registered voters to seek injunctive relief against the distribution of deceptive media and grants candidates whose likeness or voice is misrepresented the right to pursue damages against the distributor. The court may award reasonable attorneys' fees and costs to the prevailing plaintiff. Importantly, the bill does not apply to certain media entities that disseminate newsworthy content, provided they include a disclosure identifying the deceptive media and clarifying that it does not accurately represent a candidate's speech or conduct.