Bill Text: NJ A2818 | 2024-2025 | Regular Session | Comm Sub
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 9-0)
Status: (Introduced) 2024-05-20 - Reported as an Assembly Committee Substitute and Referred to Assembly Appropriations Committee [A2818 Detail]
Download: New_Jersey-2024-A2818-Comm_Sub.html
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 and Lopez
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
Substitute as adopted by the Assembly Judiciary Committee.
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 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 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 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) 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 containing the disclaimer set forth in subsection b. of this section is disclosed in connection with criticism, comment, satire, parody, news reporting, teaching, scholarship, or research, pursuant to 17 U.S.C. s.107.
(2) This section shall not be construed to alter or negate any rights, obligations, or immunities of an interactive computer service provider pursuant to 47 U.S.C. s.230, 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.
(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, or printed matter through which an advertisement containing deceptive audio or visual media appears, when the owner, publisher, or operator of the advertising medium has no knowledge of the intent, design, or purpose of the advertiser.
(4) This section shall not apply to any broadcasting station, including a cable or satellite television company, programmer, or producer, an Internet website, 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 for the purpose of disseminating newsworthy facts; provided that the broadcast or publication shall clearly contain a disclaimer which is either shown or read aloud that identifies the deceptive audio or visual media and states: "This work contains manipulated images or sound."
(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 section, or pursuant to a subpoena or court order requiring the disclosure of a work of deceptive audio or visual media.
3. This act shall take effect immediately.
