Trenton — Legislation that would prohibit a person from knowingly or recklessly distributing deceptive audio or visual media, and make such individuals subject to criminal penalty for doing so within 90 days of an election, was approved by the Senate State Government, Wagering, Tourism, and Historic Preservation Committee.
The bill, sponsored by Senator Paul Moriarty, would also prohibit a person from soliciting the creation of so-called “deepfakes,” with the intent to deceive a voter with false information about a candidate, a public question, or an election.
“As we have seen in this current election cycle, bad actors have resorted to intentionally deceiving voters by distributing disinformation across the internet and social media landscape. This bill is meant to maintain the integrity of our democratic system by punishing those who willfully traffic in blatant deception and attempt to disenfranchise voters,” said Senator Moriarty (D-Atlantic/Camden/ Gloucester).
Some exceptions to the bill would fall under the heading of “Parity and Satire.” For example, an actor would not be found in violation if, knowing of the deceptive nature of a certain work of audio or video, he or she knowingly discloses the nature of that work in connection with criticism, comment, satire, parody, news reporting, etc., provided that the work is clearly identified as containing manipulated images or sound.
“As AI technology, ‘deepfakes,’ and other emerging digital formats continue to spread, we must be vigilant that these technologies are not used to impact the political debate, unfairly injure or aid a candidate, or ultimately influence an election,” added Senator Moriarty. “The franchise is a sacred right for all Americans. Any action that seeks to take away that right is a threat to our democracy.”
The bill, S-2543, was released from committee on a vote of 5-0.
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