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 commits a disorderly person offense if they knowingly or recklessly distribute such media with the intent to mislead voters about a candidate or the election. The bill outlines that a violation can result in penalties including up to six months of imprisonment and fines up to $1,000. However, the provisions do not apply if the media includes 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 permits candidates whose likenesses are misrepresented to pursue damages against the distributors. The court may award reasonable attorneys' fees and costs to the prevailing party. Importantly, the bill clarifies that it does not affect the rights of interactive computer service providers under federal law and exempts certain media entities that publish newsworthy content, provided they include appropriate disclosures about the deceptive nature of the media.