The Department of Homeland Security warned officials nationwide of the dangers of AI tools being used to sow discord and disruption before the November election. (Getty Images)
Amid concerns over AI-generated content and misinformation flooding social media, New Jersey lawmakers advanced a bill Thursday to combat deepfake campaign materials during election seasons.
The bill would make it a disorderly persons offense to knowingly distribute “deceptive audio or visual media,” within 90 days of an election, with the intent to deceive a voter with false information about the candidate or election. It advanced unanimously out of the Senate’s state government committee.
Deepfakes are digital forgeries that replicate someone’s image in photos or videos. While they can be done as a parody — a deepfake video last year showed President Biden “pregaming” with Bud Light amid controversy over the company’s sponsorship with a trans woman — the goal can also be to damage someone’s reputation or deceive voters.
States across the country are looking at how to regulate AI in elections. The Department of Homeland Security warned state officials nationwide of the dangers of AI tools being used to sow discord and disruption before the November election, according to CBS News.
Assemblyman Lou Greenwald (Hal Brown for New Jersey Monitor)
New Jersey is no different in looking for ways to stop artificial intelligence from interfering with elections, said bill sponsor Assemblyman Lou Greenwald. He said there are “tremendous benefits” to the emerging technology, but there need to be guardrails to keep bad actors accountable.
“I don’t think you have to be an expert on artificial intelligence to see what the ramifications could be and what the detriments could be,” said Greenwald (D-Camden).
Under the bill, people who knowingly distribute deepfake content would face a fine of up to $1,000, six months in jail, or both. The bill wouldn’t apply in cases where it’s clearly stated that the advertisement contains manipulated images or sounds.
Under the bill, registered voters or the targeted candidates themselves could seek a court order to stop the content’s distribution. The court could also award legal fees to the plaintiffs.
At least 19 states have enacted laws to address deepfakes and other deceptive practices in media during elections. Victims in New York, New Mexico, and Alabama can also seek court orders to stop the content, and fines can reach up to $10,000 in Oregon and Mississippi.
The Assembly companion bill advanced out of the chamber in June by a vote of 60-13. The bill still needs to be passed by the Senate before it reaches the governor’s desk.
Noting that similar laws have been signed in both Republican- and Democrat-led states, Greenwald said he’s hopeful the bill passes swiftly with bipartisan support in the Senate.
“This is not a partisan issue,” he said. “If they are misusing it to distort the public’s perception, that’s wrong and that’s an abuse and a fraudulent act.”
Other bills targeting deceptive media have stalled in the Legislature. A measure to allocate $2 million to create a deepfake technology unit under the state’s Department of Law and Public Safety has not faced a hearing in the Senate, and hasn’t moved in the Assembly since the spring. Another bill that would criminalize certain deepfakes, not relating to an election, passed out of the Assembly but still needs a committee hearing in the Senate.
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