New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A2818

Introduced
1/9/24  
Refer
1/9/24  
Refer
3/4/24  
Refer
5/20/24  
Report Pass
6/24/24  
Report Pass
6/26/24  
Engrossed
6/28/24  
Refer
9/19/24  

Caption

Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within 90 days of election.

Impact

If enacted, A2818 will significantly affect election laws in New Jersey, reinforcing existing regulations against voter deception during electoral campaigns. It not only imposes penalties but also empowers candidates and voters to seek legal redress against the creators or sharers of deceptive media that misrepresents their voices or images. By instituting such measures, the bill seeks to deter the malicious use of digital media that could undermine public trust in electoral outcomes. Furthermore, it will require detailed disclosure practices, aiming to enhance transparency in political discourse by mandating disclaimers in specific scenarios while allowing certain forms of media alterations.

Summary

Assembly Bill A2818 aims to combat the dissemination of intentionally deceptive audio or visual media during the critical 90 days leading up to elections in New Jersey. The bill prohibits individuals from disclosing any audio or visual content that realistically portrays a candidate or public issue in a misleading manner with the intent to mislead voters. Enforcement includes criminal penalties, specifically classifying the disclosure or solicitation of such deceptive media as a fourth-degree crime, escalating to a third-degree crime upon repeat violations. This legislation is intended to protect the integrity of electoral processes by addressing the modern challenge of misinformation propagated through digital channels.

Sentiment

The general sentiment surrounding Bill A2818 is largely positive among proponents who argue that it is a necessary step in safeguarding electoral integrity. Supporters view the measure as a proactive response to the pervasive issue of misinformation facilitated by technology, particularly on social media platforms. However, there are concerns expressed by opponents regarding the potential implications for free speech and creativity in media. Critics argue that the bill's provisions might overly restrict artistic expressions or critical commentary, particularly in the realms of parody or satire, raising questions about where the line should be drawn between deception and creative freedom.

Contention

Notable points of contention in discussions around A2818 revolve around the definitions of 'deceptive media' and the balance between preventing voter deception and protecting free speech. Some arguments highlight that the bill could unintentionally suppress legitimate critique of political candidates or issues, especially given the broad definitions utilized therein. Additionally, the bill allows for exceptions if disclaimers are adequately displayed, which brings up discussions about the effectiveness of such disclaimers in a fast-paced media environment. This reflects a broader societal debate on how best to navigate the complexities of information control, especially in a digital age where the line between fact and deception can often become blurred.

Companion Bills

NJ S2543

Same As Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within 90 days of election.

NJ A5510

Carry Over Prohibits and imposes criminal penalty on distribution of certain intentionally deceptive audio or visual media within 90 days of election.

Similar Bills

NJ S2543

Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within 90 days of election.

NM HB182

Election Changes

MI HB5141

Campaign finance: advertising; using artificial intelligence in certain political advertisements; require disclosure. Amends sec. 47 of 1976 PA 388 (MCL 169.247) & adds sec. 59. TIE BAR WITH: HB 5143'23

MS SB2642

Artificial intelligence; require disclosure when used in political advertisements.

MS SB2423

Artificial intelligence; require disclosure when used in political advertisements.

CT HB05528

An Act Concerning Changes To The Public Financing Act And Other Election Laws.

WV SB484

Relating to disclosures and penalties associated with use of synthetic media and artificial intelligence

CA AB2155

Political Reform Act of 1974: campaign disclosures.