HB 4763

Abstract

Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (i) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (ii) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (iii) in order to incite violence or interfere with an official proceeding. Provides that the Act does not apply to a digital forgery that is clearly and conspicuously identified to make clear to a reasonable person that the audiovisual material was created through the use of artificial intelligence, or is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual, such as parody or satire, unless the material appears to be a sexual image as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual's consent to the creation of a digital forgery shall not alone establish consent to the distribution of that digital forgery, nor shall consent to previous disclosure of a digital forgery alone establish that the depicted individual consented to subsequent disclosures. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.