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Senate committee turns proposed deepfakes criminalization into AG-led work group; keeps narrower approach

2136695 · January 20, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The committee heard SB 1053 to add synthetic media to defamation and fraud statutes. After debate about overlap with existing law and possible policy overreach, members added a reenactment clause and made the attorney general convene a work group to study enforcement and definitions; the measure was reported as a work-group bill.

Senate Bill 1053, carried by Senator Adam Ebbin, would update Virginia law on deceptive audio and visual content by clarifying that synthetic digital content used to defame or commit fraud is actionable and by directing the Attorney General to convene a work group to study deceptive audio/visual media.

Senator Ebbin said the bill "targets synthetic media designed with fraudulent intent. It does not target synthetic media used for creative purposes." Several members questioned whether existing defamation and fraud statutes already cover deepfakes. Committee counsel and other members noted that current law can apply to digital recreations that cause reputational or financial harm, but that definitions and enforcement tools could benefit from study.

Senator Boisco said, "seeing your face and your likeness and your voice emitting those words is something different," and supported further study. Multiple senators suggested refining statutory language and directing a work group to recommend definitions and enforcement approaches. Senator Fevol recommended expanding the AG’s work group to examine definitions and enforcement; members voted to add a reenactment clause for section 1 and to make part of the bill a study directed to the Attorney General.

The committee adopted a substitute and the reenactment clause; after amendment the bill was voted out of committee with a recorded vote. Committee members characterized the final form as a work-group bill that will allow experts to refine definitions and enforcement mechanisms before further statutory changes are considered.

Why it matters: Deepfakes and synthetic media are increasingly used in scams and to defame individuals; the committee chose a measured approach—creating a study group to recommend precise definitions and enforcement changes rather than immediately creating a new standalone criminal offense.