TRENTON, NJ—A new bill in New Jersey would criminalize deceptive speech on campaign mailers and commercials, making essentially every person running for office a criminal.
A new legislative measure, Senate Bill No. 2543, spearheaded by Senator Paul D. Moriarty from District 4, seeks to impose criminal penalties on the distribution of deceptive audio or visual media, commonly known as “deepfakes,” within 90 days of an election.
This bill targets media that falsely depicts candidates and their conduct or speech, aiming to protect electoral integrity in New Jersey.
Introduced on February 8, the bill outlines that anyone found knowingly or recklessly distributing such media with the intent to misinform voters could face charges as a disorderly person. Offenders may be subjected to up to six months in jail, a fine of up to $1,000, or both.
However, the bill provides exceptions for deepfakes that carry disclaimers clearly stating the manipulated nature of the content.
Additionally, the proposed legislation allows affected candidates and registered voters to seek legal remedies, including injunctive relief and damages, against violators. The court may also grant reasonable attorney’s fees and costs to prevailing plaintiffs.
The bill explicitly exempts certain established news entities that may broadcast or publish deepfakes for newsworthy purposes, provided they include clear disclaimers identifying the content as manipulated.
This initiative is part of broader efforts to combat digital misinformation in the lead-up to elections, reflecting growing concerns over the impact of advanced technology on public trust and democratic processes.