New Jersey now criminalizes the creation and sharing of AI-generated deceptive media, opening perpetrators to potential lawsuits and prison sentences.
Governor Phil Murphy signed the legislation on Wednesday, making “deceptive deepfake media” a crime punishable by up to five years in prison, while also establishing grounds for victims to sue those responsible.
New Jersey is among at least 20 states enacting measures against media created using generative AI, specifically targeting election-related content.
According to The National Center for Missing & Exploited Children, governors in over a dozen states enacted laws last year targeting digitally created or altered child sexual abuse imagery.
The New Jersey law emerged partly from the experience of Francesca Mani, a Westfield High School student who became the victim of a deepfake video two years ago. Mani stated the creator received only a short suspension due to nonexistent laws at the time. She advocated for the legislation and was recognized by Time as an anti-deepfake activist. Mani stated, “Doing nothing is no longer an option.”
The law defines a deepfake as any video, audio recording, or image that a reasonable person would believe realistically depicts someone doing something they did not actually do.
In addition to prison time, the law also permits victims to pursue civil penalties through lawsuits.
