Senate Bill 362 criminalizes distribution of forged digital likenesses for defamation

January 17, 2025 | Senate Bills (Introduced), 2025 Bills, Maryland Legislation Bills Collections, Maryland


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Senate Bill 362 criminalizes distribution of forged digital likenesses for defamation
Maryland's Senate Bill 362, introduced on January 17, 2025, aims to combat the growing issue of digital misinformation by addressing the distribution of forged digital likenesses. This legislation defines a "forged digital likeness" as a computer-generated representation or audio recording of an identifiable individual that is indistinguishable from a genuine likeness and is likely to deceive the public. The bill establishes that distributing such forgeries constitutes a statement or communication that can lead to defamation claims.

The bill seeks to tackle the increasing prevalence of deepfakes and other manipulated media that can harm individuals' reputations and mislead the public. By making it illegal to knowingly distribute these forgeries as genuine, the legislation aims to protect individuals from potential harm caused by false representations.

Debate surrounding Senate Bill 362 has highlighted concerns about the balance between free speech and the need for regulation in the digital age. Critics argue that the bill could inadvertently stifle artistic expression, as it explicitly excludes traditional forms of art like drawings and paintings but does not clarify the boundaries for digital art. Supporters, however, emphasize the necessity of protecting individuals from malicious misinformation that can have serious social and economic repercussions.

The implications of this bill are significant, as it reflects a growing recognition of the need for legal frameworks to address the challenges posed by digital technology. Experts suggest that if passed, the bill could set a precedent for other states grappling with similar issues, potentially leading to a broader national conversation about digital rights and responsibilities.

As Maryland moves forward with this legislation, the outcome could influence how digital content is created and shared, impacting not only individuals but also businesses and media organizations that rely on trust and authenticity in their communications. The bill's progress will be closely monitored as lawmakers and stakeholders navigate the complexities of digital representation and its implications for society.

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