Creating and sharing deceptive AI-generated media is now a crime in New Jersey

New Jersey Gov. Phil Murphy delivers his State of the State address to a joint session of the Legislature at the statehouse, in Trenton, N.J., Jan. 9, 2024. (AP Photo/Matt Rourke, File)

NEWARK, N.J. — Creating and sharing deceptive media made with artificial intelligence is now a crime in New Jersey and open to lawsuits under a new state law.

Democratic Gov. Phil Murphy signed legislation Wednesday making the creation and dissemination of so-called deceptive deepfake media a crime punishable by up to five years in prison, and establishing a basis for lawsuits against perpetrators.

New Jersey joins a growing list of states enacting measures taking aim at media created using generative AI. At least 20 states have passed similar legislation that targets such media involving elections.

As of last year, governors in more than a dozen states had signed laws cracking down on digitally created or altered child sexual abuse imagery, according to a review by The National Center for Missing & Exploited Children.

New Jersey’s law stems in part from the story of Westfield High School student Francesca Mani, who stood alongside the governor as he signed the bill this week. Mani said she became the victim of a deepfake video two years ago and was told that the only punishment for the person who created it was a short suspension because there were no laws against such media.

“Doing nothing is no longer an option,” said Mani, who pushed for the legislation and was recognized by Time last year as an anti-deepfake activist.

The measure 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.

In addition to prison time upon conviction, the law establishes civil penalties that would permit victims to pursue lawsuits.

The Associated Press