New Jersey legislators propose penalties for creating and sharing deepfake media

On January 30, 2025, the New Jersey House of Representatives introduced Assembly Bill 3540, a significant legislative measure aimed at combating the growing threat of deceptive audio and visual media, commonly referred to as "deepfakes." This bill, co-sponsored by Assemblywomen Quijano and Haider, along with Assemblymen Karabinchak and Wimberly, seeks to establish criminal penalties for the production and dissemination of such misleading content.

The primary purpose of Assembly Bill 3540 is to address the increasing prevalence of deepfakes, which can be used to manipulate public perception, harass individuals, or commit fraud. The bill defines "deceptive audio or visual media" as any media that appears to realistically depict someone’s speech or actions without their consent, relying on advanced technological means rather than impersonation. This definition encompasses a wide range of media, including videos, photographs, and sound recordings.

Key provisions of the bill include criminalizing the creation and distribution of deepfakes with the intent to commit various crimes, such as harassment, false public alarms, and even child exploitation. Offenders could face third-degree felony charges, which carry significant legal repercussions. The bill also outlines the rights of victims, including those who suffer psychological harm or property loss due to the misuse of deepfakes.

The introduction of this bill has sparked notable discussions among lawmakers and advocacy groups. Supporters argue that it is a necessary step to protect individuals from the harmful effects of deepfakes, particularly in an era where misinformation can spread rapidly online. Critics, however, raise concerns about potential overreach and the implications for free speech, fearing that the bill could be misused to stifle legitimate expression or artistic endeavors.

The implications of Assembly Bill 3540 extend beyond legal boundaries; they touch on social and political dynamics as well. Experts suggest that as technology continues to evolve, so too must the legal frameworks that govern its use. The bill could serve as a model for other states grappling with similar issues, potentially leading to a broader national conversation about digital ethics and accountability.

As the bill progresses through the legislative process, its future remains uncertain. If passed, it could set a precedent for how states address the challenges posed by emerging technologies, ultimately shaping the landscape of digital media and its impact on society. For New Jersey residents, the outcome of Assembly Bill 3540 could mean enhanced protections against the misuse of technology, fostering a safer online environment.