New Jersey Criminalizes Creation and Sharing of Deceptive AI-Generated Media

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New Jersey has enacted a law making the creation and dissemination of deceptive AI-generated media a criminal offense, punishable by up to five years in prison. The law also allows victims to pursue civil lawsuits against perpetrators.

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New Jersey Takes Stand Against Deceptive AI-Generated Media

In a landmark move, New Jersey has become the latest state to criminalize the creation and sharing of deceptive media generated by artificial intelligence. Democratic Governor Phil Murphy signed legislation on Wednesday that makes such actions a punishable offense, carrying a potential prison sentence of up to five years 1.

Defining Deepfakes and Legal Consequences

The new law defines a deepfake as "any video or audio recording or image that appears to a reasonable person to realistically depict someone doing something they did not actually do" 2. This comprehensive definition aims to cover a wide range of potentially harmful AI-generated content. In addition to criminal penalties, the law also establishes a basis for civil lawsuits, allowing victims to seek legal recourse against perpetrators 3.

Growing Trend in State Legislation

New Jersey's action is part of a broader national trend addressing the challenges posed by generative AI. At least 20 states have already passed similar legislation targeting deceptive media, particularly in the context of elections 4. Moreover, as of last year, governors in more than a dozen states had signed laws specifically cracking down on digitally created or altered child sexual abuse imagery, according to a review by The National Center for Missing & Exploited Children 1.

Inspiration Behind the Law

The New Jersey law was partly inspired by the personal experience of Francesca Mani, a Westfield High School student who fell victim to a deepfake video two years ago. Mani, who stood alongside Governor Murphy during the bill signing, recounted how the perpetrator of her case only received a short suspension due to the absence of specific laws against such media at the time 2.

"Doing nothing is no longer an option," declared Mani, who has since become an anti-deepfake activist and was recognized by Time magazine last year for her efforts 3. Her advocacy played a crucial role in pushing for this legislation, highlighting the real-world impacts of AI-generated deceptive media on individuals and communities.

Implications and Future Outlook

This new law represents a significant step in addressing the potential misuse of AI technology. As artificial intelligence continues to advance, particularly in its ability to generate realistic media, the legal and ethical frameworks surrounding its use are likely to evolve. New Jersey's action may serve as a model for other states and potentially influence federal policy on AI-generated content in the future.

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