Bill Text: NJ A5088 | 2026-2027 | Regular Session | Introduced
Bill Title: "AI Likeness Protection Act"; concerns distributing realistic representation of individual's image, likeness, or voice created using generative artificial intelligence.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-14 - Introduced, Referred to Assembly Science, Innovation and Technology Committee [A5088 Detail]
Download: New_Jersey-2026-A5088-Introduced.html
Sponsored by:
Assemblyman ANDREW MACURDY
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
"AI Likeness Protection Act"; concerns distributing realistic representation of individual's image, likeness, or voice created using generative artificial intelligence.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the distribution of a realistic representation of an individual's image, likeness, or voice using generative artificial intelligence and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Generative artificial intelligence (GenAI) systems enable users to create representations of an individual's image or likeness that are indistinguishable from real life and therefore are materially different from what previous technologies enabled.
b. Content created using a GenAI system is unprecedented in its ability to create lifelike representations that deceive viewers into believing the content captures actual people or events.
c. GenAI systems enable users to create deceptively realistic representations that are entirely new, unlike previous technologies that only enabled users to create realistic content by editing authentic source materials. As a result, GenAI systems enable users to create a wider range of deceptively lifelike content, including content that can be used to defame, appropriate the likeness of, or intentionally inflict emotional harm on another person.
d. The unprecedented realism of content created using a GenAI system expands the content's ability to mislead viewers, which intensifies the reputational harm it can inflict, as well as emotional harm in cases where the content contains a representation of another's image or likeness that is obscene, offensive, or sexually abusive.
e. An individual's interest in the exclusive use of the individual's own identity includes preservation of autonomy over the individual's personality. Loss of that autonomy can result in intense emotional and other harms.
f. GenAI systems enable users to create deceptively lifelike content more quickly and in larger volumes than previous technologies.
g. GenAI systems' unprecedented efficiency threatens to overwhelm the State with deceptively lifelike content.
h. It is not technologically feasible to consistently prevent a GenAI system from enabling users to create deceptively lifelike content that can be used to defame, appropriate the likeness of, or intentionally inflict emotional harm on another person. As a result, measures to deter misuse of this new technology are necessary to address the unprecedented volume and increased intensity of such harms.
2. This act shall be known and may be cited as the "AI Likeness Protection Act."
3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Generative artificial intelligence system" or "GenAI system" means a technology system that is trained on data and can generate derived synthetic content, including text, images, video, and audio, which content emulates the structure and characteristics of the system's training data.
"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation.
"Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.
4. a. Prior to publishing, distributing, transmitting, or otherwise making available to the public a realistic representation, an individual or entity shall obtain authorization or consent from:
(1) the individual who is represented in the realistic representation; or
(2) a parent or legal guardian, where applicable, of a minor who is represented in the realistic representation.
b. The individual, or the parent or guardian of a minor, if applicable, may bring a civil action for the use of a realistic representation without obtaining prior authorization or consent as required by subsection a. of this section.
c. It shall be a defense to a civil action brought pursuant to subsection b. of this section that:
(1) the defendant included a label or disclaimer that the realistic representation was created using a GenAI system;
(2) the defendant used the realistic representation in such a way that a reasonable person would assume that the realistic representation was created using a GenAI system; or
(3) the plaintiff, or the
minor individual represented in the realistic representation if applicable, is
a public figure, and the use of the realistic representation constitutes satire
or parody.
5. a. Except as provided in subsection b. of this section, a plaintiff in a civil action brought pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be entitled to injunctive relief and to recover the greater of:
(1) the damages suffered as a result of the knowing unauthorized use of the realistic representation as well as any profits that are attributable to the knowing unauthorized use, plus reasonable attorneys' fees; or
(2) a civil penalty not to exceed $1,000 per violation.
Profit, or lack thereof, generated by the unauthorized use shall not be a criterion for determining liability.
b. If a minor is found liable for a first violation of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the prevailing plaintiff shall be solely entitled to injunctive relief. For the second and each subsequent violation of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) by the minor, a prevailing plaintiff shall be entitled to all remedies provided in subsection a. of this section.
6. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect on the first day of the eighth month next following the date of enactment.
STATEMENT
This bill prohibits the unauthorized distribution of a realistic representation of an individual using a generative artificial intelligence system. Under the bill, a "generative artificial intelligence system" or "GenAI system" is a technology system that is trained on data and can generate derived synthetic content, including text, images, video, and audio, which content emulates the structure and characteristics of the system's training data. Under the bill, a "realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the electronic representation.
Under the bill, a person is to be liable in a civil action if the person publishes distributes, transmits, or otherwise makes available to the public a realistic representation of an individual without certain authorization or consent. The individual who is represented in a realistic representation or the parent or guardian of a minor who is represented in a realistic representation is entitled to injunctive relief and to recover the damages suffered as a result of the knowing unauthorized use of the individual's image, likeness, or voice, plus reasonable attorneys' fees. Under the bill, if the offender is a minor, the prevailing plaintiff is only entitled to injunctive relief for the minor's first violation. For the second and each subsequent violation by the minor, a plaintiff is to be entitled to full relief under the bill.
