SENATE LAW AND PUBLIC SAFETY COMMITTEE
STATEMENT TO
SENATE, No. 2544
with committee amendments
STATE OF NEW JERSEY
DATED: MARCH 7, 2024
The Senate Law and Public Safety Committee reports favorably
and with committee amendments Senate Bill No. 2544.
As amended and reported by the committee, this bill establishes
criminal penalties for the production or dissemination of deceptive
audio or visual media, commonly known as “deepfakes.”
As amended, the bill defines deceptive audio or visual media as
“any video recording, motion picture film, sound recording, electronic
image, photograph, any technological representation of speech or
conduct substantially derivative thereof, or any forgery or facsimile of
a document or writing, that appears to a reasonable person to
realistically depict any speech, conduct, or writing of a person who did
not in fact engage in the speech, conduct, or writing and the production
of which was substantially dependent upon technical means, rather
than the ability of another person to physically or verbally impersonate
the person.
The bill establishes a crime of the third degree if a person, without
license or privilege to do so, generates or creates, or causes to be
generated or created, deceptive audio or visual media that is used as
part of a plan or course of conduct to commit any crime or offense
including, but not limited to, certain crimes or offenses listed in the
bill.
The bill also establishes a crime of the third degree if a person,
without license or privilege to do so, discloses a work of deceptive
audio or visual media that the person knows or should reasonably
know was created in violation of the provisions of this bill. As
amended, the bill establishes an affirmative defense if the disclosed
work is clearly identified as a work of deceptive audio or visual media,
but such affirmative defense shall not apply where the disclosed work
depicts nudity or pornography. A crime of the third degree is
ordinarily punishable by a term of three to five years imprisonment, a
fine of up to $15,000, or both. However, the bill provides that a court
may impose a fine of up to $30,000.
Under the bill, a person would be liable to the individual depicted
in the deceptive audio or visual media, who may bring a civil action in
the Superior Court. The bill further provides that a conviction is not to
be a prerequisite for a civil action. The civil action authorized by this 2
bill is to be in addition to, and not in lieu, of any other civil action,
injunctive relief, or other remedy available at law. The bill further
provides that a final judgment rendered in favor of the State in any
criminal proceeding prevents the person from denying the same
conduct in any civil action brought under the bill.
The bill provides that it should not be construed to alter or negate
any rights, obligations, or immunities of an interactive computer
service provider under federal law. The bill also provides that criminal
and civil penalties imposed pursuant to the bill only apply to the news
media or a news agency if the news media or agency broadcasts or
publishes a work of deceptive audio or visual media that the news
media or agency knows was created in violation of the bill, and fails to
clearly identify the work as deceptive audio or visual media.
COMMITTEE AMENDMENTS :
The committee amended the bill to:
(1) change the definition of “deceptive audio or visual media”;
(2) establish an affirmative defense to prosecution for unlawful
disclosure of deceptive audio or visual media if the disclosed work is
clearly identified as a work of deceptive audio or visual media, but the
affirmative defense shall not apply where the disclosed work depicts
nudity or pornography;
(3) provide that a person commits a crime of the third degree if,
without license or privilege to do so, the person generates or creates, or
causes to be generated or created, a work of deceptive audio or visual
media used as part of a plan or course of conduct to commit any crime
or offense including, but not limited to, certain crimes and offenses
listed in the bill. As introduced, the bill provides that a person
commits a crime of the third degree if without license or privilege to
do so, the person generates or creates, or causes to be generated or
created, a work of deceptive audio or visual media for an unlawful
purpose and provides that a trier of fact may infer the deceptive audio
or visual media was generated or created for an unlawful purpose if the
work is subsequently used as part of a plan or course of conduct to
commit certain offenses listed in the bill as introduced; and
(4) provide that a conviction arising under this bill is not merge to
with another conviction arising under this bill or with any of the
underlying offenses outlined in this bill.