Package of deepfake regulations gets first legislative hearing

A package of three bills spearheaded by Assembly Majority Leader Louis Greenwald (D-Voorhees) regulating the usage of intentionally deceptive audio or visual media, otherwise known as deepfakes, cleared the Assembly Judiciary Committee today despite concerns from Republican legislators over protecting free speech.

The package’s primary bill bans the distribution of election-related deepfakes within 90 days of an election, with a maximum penalty of six months in prison and a fine of $1,000.

The bill is designed to prevent voters from being misled by deceptive media during election season – for example, a faked audio or video recording purporting to show a politician saying bigoted things. Deepfake creators could dodge the regulations, however, by clearly labeling media with a disclaimer stating that the audio or visuals have been manipulated.

All three Democrats on the Judiciary Committee voted in favor of the bill, while both Republicans abstained.

“I’m concerned about possible infringement of free speech issues,” Assemblyman Bob Auth (R-Old Tappan) said. “Not that I agree with what [deepfake creators] are doing, but I just want to make sure we don’t put something out that’s knocked down by the courts.”

Two other complementary bills were also approved by the committee: one that would establish the crime of using deepfake technology to assist in other offenses (such as extortion or harassment), and another that would create a Deep Fake Technology Unit within the state attorney general’s office with an appropriation of $2 million, down from the initially proposed $10 million.

Auth and Assemblywoman Vicky Flynn (R-Holmdel) both abstained on the former bill and voted no on the latter, expressing concerns about whether the bills could have the inadvertent effect of stifling free and legitimate speech.

“I’m really uncomfortable with giving the government the ability to evaluate what speech is deepfake and what’s not,” Flynn said.

Assemblyman Raj Mukherji (D-Jersey City), the chairman of the committee, said that the bills were a “work in progress” as the legislature and the world learn about the capabilities of artificial intelligence.

“I think as we start to grapple with the broader issues surrounding AI, it’s going to take some time for us to understand what we’re dealing with,” Mukherji said. “I do appreciate that the sponsors are putting thought into how we as a state should start examining our role in regulating and putting up guardrails [on AI].”