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Maryland Senate introduces strict penalties for forged digital likenesses with Senate Bill 362

January 22, 2025 | Senate Bills (Introduced), 2025 Bills, Maryland Legislation Bills Collections, Maryland


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Maryland Senate introduces strict penalties for forged digital likenesses with Senate Bill 362
Maryland lawmakers have introduced Senate Bill 362, a significant piece of legislation aimed at addressing the growing concerns surrounding the use of forged digital likenesses in media. Introduced on January 22, 2025, the bill seeks to establish legal repercussions for individuals who knowingly create or distribute digital representations—such as images or audio recordings—that are not genuine.

The primary focus of Senate Bill 362 is to combat the misuse of technology that can lead to misinformation and potential harm to individuals' reputations. Under the proposed law, anyone found guilty of violating this statute could face a misdemeanor charge, with penalties including up to three years in prison, a fine of up to $1,000, or both. Importantly, the bill includes a provision allowing defendants to argue that they took reasonable steps to inform viewers or listeners that the digital likeness was forged, providing a layer of protection for those who may inadvertently fall afoul of the law.

One of the notable aspects of the bill is its commitment to uphold First Amendment rights. The legislation explicitly states that it should not be interpreted in a way that infringes upon free speech or press rights, a crucial consideration given the ongoing debates about censorship and digital expression.

As discussions around the bill unfold, it has sparked a variety of opinions among lawmakers and community members. Supporters argue that the legislation is essential for protecting individuals from the potential harms of deepfakes and other forms of digital deception, which can lead to serious personal and societal consequences. Critics, however, express concerns about the implications for artistic expression and the potential for misuse of the law against legitimate content creators.

The introduction of Senate Bill 362 comes at a time when digital misinformation is increasingly prevalent, raising questions about the balance between regulation and freedom of expression. As the bill moves through the legislative process, its outcomes could have lasting implications for how digital content is created and consumed in Maryland, potentially setting a precedent for similar laws in other states.

With an effective date set for October 1, 2025, the Maryland Legislature is poised to engage in further discussions and amendments to refine the bill, ensuring it meets the needs of the community while safeguarding individual rights. As residents watch closely, the outcome of this legislation could shape the future landscape of digital media and personal accountability in the state.

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