Senate Bill 362 criminalizes misuse of digital likenesses with penalties up to three years

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


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Senate Bill 362 criminalizes misuse of digital likenesses with penalties up to three years
Maryland's Senate Bill 362 is making waves as it seeks to tackle the growing issue of digital forgery, specifically targeting the misuse of digital likenesses in visual and audio formats. Introduced on January 17, 2025, the bill aims to criminalize the creation and distribution of forged digital representations that could mislead viewers or listeners.

At the heart of the legislation is a clear message: those who knowingly use forged digital likenesses could face serious consequences, including up to three years in prison or fines reaching $1,000. The bill also includes an affirmative defense clause, allowing defendants to argue that they took reasonable steps to inform audiences that the content was not genuine. This provision aims to balance the enforcement of the law with protections for free speech, ensuring that the bill does not infringe upon First Amendment rights.

The introduction of Senate Bill 362 comes amid rising concerns over misinformation and the potential for digital content to be manipulated for malicious purposes. As technology advances, the line between reality and forgery becomes increasingly blurred, prompting lawmakers to act. Proponents of the bill argue that it is essential for protecting individuals and organizations from reputational harm and fraud.

However, the bill is not without its critics. Some lawmakers and free speech advocates worry that the legislation could inadvertently stifle legitimate artistic expression or satire. The debate surrounding the bill highlights the ongoing struggle to find a balance between regulation and freedom in the digital age.

As Maryland prepares for the bill's implementation on October 1, 2025, the implications of Senate Bill 362 could resonate far beyond state lines, potentially setting a precedent for how digital content is regulated across the nation. The outcome of this legislative effort will be closely watched as it unfolds, with experts predicting that it could spark similar initiatives in other states grappling with the challenges of digital misinformation.

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Scribe from Workplace AI
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