New Jersey Assembly Bill A1892

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24
• Refer: 3/4/24

Caption

Prohibits deepfake pornography and imposes criminal and civil penalties for non-consensual disclosure.

Impact

Should A1892 be enacted, it would amend current New Jersey laws related to privacy and image rights, addressing violations under the invasion of privacy statute. The penalties for breaching this law include criminal repercussions, such as imprisonment for those convicted of distributing non-consensual deepfake material. Particularly concerning is the bill's provision related to children, where the use of deepfake technology can enable the creation of sexual exploitation material, aligning the penalties for deepfake content with those for child pornography offences. This creates a stricter legal framework that is aimed at combating sexual exploitation through advanced technological means.

Summary

Assembly Bill A1892 aims to address the growing concern surrounding deepfake pornography by prohibiting its creation and distribution without consent. The bill recognizes the potential harms associated with deepfakes, particularly how they can be used to misrepresent individuals or exploit them sexually. By establishing legal measures against the non-consensual use of deceptive audio or visual media, A1892 seeks to provide protection to individuals from harm caused by this new technology. The bill specifically targets instances where the depicted content lacks consent, thereby aiming to uphold the privacy rights of individuals and prevent harassment and embarrassment arising from such deceptive representations.

Contention

There are notable concerns among critics of the bill primarily regarding its implications for freedom of expression. Some fear that the prohibitions could inadvertently target legitimate artistic expressions or parody, given the blurred lines between creative content and harmful misuse. Additionally, opponents may argue that the definitions of 'deepfake' and 'deceptive audio or visual media' could lead to excessive interpretations that impact individuals unjustly. Nevertheless, supporters of the bill emphasize the necessity of protecting individuals from the potentially devastating effects of deepfake pornography, advocating for more robust legal frameworks in light of advancing technologies.