Bill Text: NJ A2818 | 2024-2025 | Regular Session | Amended
Bill Title: Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within 90 days of election.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed) 2024-10-24 - Reported from Senate Committee, 2nd Reading [A2818 Detail]
Download: New_Jersey-2024-A2818-Amended.html
[Second Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 2818
STATE OF NEW JERSEY
221st LEGISLATURE
ADOPTED MAY 20, 2024
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblywoman LISA SWAIN
District 38 (Bergen)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Co-Sponsored by:
Assemblywoman Lampitt, Assemblymen Freiman, Tully, Assemblywomen Murphy, Lopez, Assemblyman Conaway and Assemblywoman Park
SYNOPSIS
Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within 90 days of election.
CURRENT VERSION OF TEXT
As reported by the Assembly Budget Committee on June 26, 2024, with amendments.
An Act concerning certain intentionally deceptive audio or visual media and elections and supplementing Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Candidate" means a person seeking election or reelection to a public office of the State or of a county, municipality, school district, or any other public office thereof.
"Deceptive audio or visual media" means 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.
"Disclose" or "disclosure" means to sell, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether or not for pecuniary gain.
"Interactive computer service provider" shall have the same meaning as set forth in 47 U.S.C. s.230.
"Solicit" means to offer to create or generate, or to advertise the ability to create or generate, a work of deceptive audio or visual media, whether or not for hire, commission, monetary remuneration, or pecuniary gain. "Solicit" shall also mean to request the creation or generation of a work of deceptive audio or visual media, whether or not for monetary remuneration or compensation.
"Video streaming service" means a service that transmits video content over the Internet that is played continuously without download.
2. a. (1) A 1natural1 person commits a crime of the fourth degree if, within 90 days of an election in which a candidate or public question will appear on the ballot, the person knowingly or recklessly discloses deceptive audio or visual media with the intent to deceive a voter with false information about the candidate, the public question, or the election. A second or subsequent violation of this subsection shall be a crime of the third degree.
(2) A 1natural1 person commits a crime of the fourth degree if, within 90 days of an election in which a candidate or public question will appear on the ballot, the person solicits a work of deceptive audio or visual media with the intent to deceive a voter with false information about the candidate, the public question, or the election. A second or subsequent violation of this subsection shall be a crime of the third degree.
b. (1) The provisions of subsection a. of this section shall not apply if the deceptive audio or visual media 1consists of solely de minimis alterations of a person's image or appearance, or1 includes a disclaimer in accordance with paragraph (2) of this subsection stating: "This work contains manipulated images or sound."
(2) (a) If the deceptive audio or visual media consists of a video or image, the disclaimer shall appear for the entire duration of the video or image, and the text of the disclaimer shall appear in a size, color, and typeface that is easily readable by a reasonable observer.
(b) If the deceptive audio or visual media consists of audio only, the disclaimer shall be read at the beginning of the audio, in a clearly spoken manner and in a pitch and at a speed that can be easily heard and understood by a reasonable listener.
c. (1) A registered voter eligible to vote in an election in which a candidate or public question will appear on the ballot may seek injunctive or other equitable relief enjoining the disclosure of deceptive audio or visual media that was generated with the intent to deceive a voter with false information about the candidate, the public question, or the election in violation of subsection a. of this section. An action under this subsection shall be initiated by filing an application for an Order to Show Cause in the Superior Court pursuant to the Rules of Court.
(2) A candidate whose voice or likeness appears in deceptive audio or visual media disclosed with the intent to deceive a voter with false information about the candidate or the election in violation of subsection a. of this section may bring an action for injunctive or other equitable relief, and general or special damages, against the person that disclosed the deceptive audio or visual media. This subsection shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy.
(3) A plaintiff's entitlement to civil relief pursuant to this subsection shall be demonstrated by clear and convincing evidence. The court may award a prevailing plaintiff under this subsection reasonable attorney's fees and costs.
d. (1) 2[It shall be deemed a fair use and shall not be a violation of subsection a. of this section if a work of deceptive audio or visual media 1[containing the disclaimer set forth in subsection b. of this section] is clearly identified as a work of deceptive audio or visual media or, if the deceptive nature of the work is unknown or unverified, but is clearly identified as a possible work of deceptive audio or visual media,1 is disclosed in connection with criticism, comment, satire, parody, news reporting, teaching, scholarship, or research, pursuant to 17 U.S.C. s.107.] It shall not be a violation of this section if an actor, knowing of the deceptive nature of a work of deceptive audio or visual media, knowingly discloses that work in connection with criticism, comment, satire, parody, news reporting, teaching, scholarship, or research, provided that the work is clearly identified as containing manipulated images or sound. The identification need not be in a manner that interferes with the viewing or listening of the work.2
(2) This section 1shall not apply to an interactive computer service provider, cloud services provider, or commercial developer or provider of artificial intelligence technology 2, where such developer or provider is not deemed to be a publisher, speaker, or information content provider pursuant to 47 U.S.C. s.2302, and1 shall not be construed to alter or negate any rights, obligations, or immunities of an interactive computer service provider 1or cloud services provider1 pursuant to 47 U.S.C. s.2301[, and shall not apply to a commercial developer or provider of artificial intelligence technology, provided that to the extent the provider or developer allows for the public dissemination of consumer generated media as that term is defined pursuant to paragraph (14) of 47 U.S.C. s.153, the provider or developer exercises commercially reasonable efforts to ensure that consumer generated media does not violate this section]1.
(3) This section shall not apply to any broadcasting station, cable service, radio station, telecommunications carrier, or television station, as those terms are defined pursuant to 47 U.S.C. s.153, or to any billboard, Internet website, mobile application, video streaming service, newspaper, magazine, publication, 2[or]2 printed matter 2, or other advertising channel or medium2 through which an advertisement containing deceptive audio or visual media appears 2, where the advertising channel or medium's role in disclosing the advertisement is limited to the selling of advertising time or space, or where an advertising channel or medium is prohibited by federal law from censoring the advertisement regardless of its content2 1[, when the owner, publisher, or operator of the advertising medium has no knowledge of the intent, design, or purpose of the advertiser]1.
(4) This section shall not apply to any broadcasting station, including a cable or satellite television company, programmer, or producer, an Internet website, 2video streaming service,2 or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest, and that broadcasts or publishes any deceptive audio or visual media prohibited by this section 2solely2 for the purpose of disseminating newsworthy facts; provided that 2if the deceptive nature of the work is known or verified,2 the broadcast or publication shall clearly contain a disclaimer which is either shown or read aloud that identifies the deceptive audio or visual media 2[and states: "This work contains manipulated images or sound." 1If the deceptive nature of the work is unknown or unverified, the broadcast or publication shall clearly contain a disclaimer which is either shown or read aloud that identifies the work as a possible work of deceptive audio or visual media.1].2
(5) It shall not be a violation of this section to disclose any deceptive audio or visual media to law enforcement officers in connection with a criminal investigation or prosecution of a violation of this section1[, or];1 pursuant to a subpoena or court order requiring the disclosure of a work of deceptive audio or visual media1; or in furtherance of an investigation concerning fraud, cybersecurity, identity theft, harassment, or a violation of a commercial computer network's contractual terms of service1.
3. This act shall take effect immediately.
