HB 2124

Abstract

Synthetic digital content; penalty; work group. Expands the applicability of provisions related to defamation, slander, and libel to include synthetic digital content, defined in the bill. The bill makes it a Class 1 misdemeanor for any person to use any synthetic digital content for the purpose of committing any criminal offense involving fraud, constituting a separate and distinct offense with punishment separate and apart from any punishment received for the commission of the primary criminal offense. The bill also authorizes the individual depicted in the synthetic digital content to bring a civil action against the person who violates such prohibition to recover actual damages, reasonable attorney fees, and such other relief as the court determines to be appropriate. The bill directs the Attorney General to convene a work group to study and make recommendations on the current enforcement of laws related to the use of synthetic digital content, including deepfakes, and any further action needed to address the issue of such use in fraudulent acts. The substantive provisions of the bill do not become effective unless reenacted by the 2026 Session of the General Assembly and the provisions directing the Attorney General to convene a work group become effective in due course. This bill is identical to SB 1053.

An Act to amend and reenact §§ 8.01-45, 8.01-46, and 18.2-417 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 6 of Title 18.2 a section numbered 18.2-213.3, relating to synthetic digital content; penalty; work group.