This bill aims to prohibit the creation and disclosure of deceptive audio or visual media, commonly referred to as deepfakes, under specific circumstances. It defines deceptive audio or visual media as any representation that appears to authentically depict a person's speech or conduct without their actual engagement, relying on technical means rather than impersonation. The bill establishes penalties for individuals who generate or disclose such media without proper authorization, categorizing the creation of deceptive media for unlawful purposes as a fourth-degree crime, and the disclosure of such media, when knowingly done without proper identification, as a third-degree crime. The penalties include potential imprisonment and fines, with the possibility of a fine up to $30,000 for disclosure violations.
Additionally, the bill allows individuals depicted in deceptive media to file civil actions against those responsible for its creation or disclosure, with the court able to award actual damages, punitive damages, and legal fees. Importantly, a conviction under this bill is not required for a civil action to proceed, and the civil remedies are supplementary to other legal actions available. The bill also clarifies that it does not affect the rights of interactive computer service providers under federal law and specifies that criminal and civil penalties do not apply to news media unless they knowingly publish deceptive media without proper identification.