Read the full stored bill text
A5088
ASSEMBLY, No. 5088
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 14, 2026
Sponsored by:
Assemblyman� ANDREW MACURDY
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
���� �AI Likeness Protection Act�; concerns distributing
realistic representation of individual�s image, likeness, or voice created
using generative artificial intelligence.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the distribution of a realistic
representation of an individual�s image, likeness, or voice using generative
artificial intelligence and supplementing Title 56 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� The Legislature finds
and declares that:�
���� a.���� Generative artificial
intelligence (GenAI) systems enable users to create representations of an
individual�s image or likeness that are indistinguishable from real life and
therefore are materially different from what previous technologies enabled.
���� b.��� Content created using a
GenAI system is unprecedented in its ability to create lifelike representations
that deceive viewers into believing the content captures actual people or
events.
���� c.���� GenAI systems enable
users to create deceptively realistic representations that are entirely new,
unlike previous technologies that only enabled users to create realistic
content by editing authentic source materials.� As a result, GenAI systems
enable users to create a wider range of deceptively lifelike content, including
content that can be used to defame, appropriate the likeness of, or
intentionally inflict emotional harm on another person.
���� d.��� The unprecedented
realism of content created using a GenAI system expands the content�s ability
to mislead viewers, which intensifies the reputational harm it can inflict, as
well as emotional harm in cases where the content contains a representation of another�s
image or likeness that is obscene, offensive, or sexually abusive.
���� e.���� An individual�s
interest in the exclusive use of the individual�s own identity includes
preservation of autonomy over the individual�s personality.� Loss of that
autonomy can result in intense emotional and other harms.
���� f.���� GenAI systems enable
users to create deceptively lifelike content more quickly and in larger volumes
than previous technologies.
���� g.��� GenAI systems�
unprecedented efficiency threatens to overwhelm the State with deceptively
lifelike content.
���� h.��� It is not
technologically feasible to consistently prevent a GenAI system from enabling
users to create deceptively lifelike content that can be used to defame,
appropriate the likeness of, or intentionally inflict emotional harm on another
person.� As a result, measures to deter misuse of this new technology are
necessary to address the unprecedented volume and increased intensity of such
harms.
���� 2.��� This act shall be known
and may be cited as the �AI Likeness Protection Act.�
���� 3.��� As used in
P.L. , c.
(C. ) (pending before the
Legislature as this bill):�
���� �Generative artificial
intelligence system� or �GenAI system� means a technology system that is
trained on data and can generate derived synthetic content, including text,
images, video, and audio, which content emulates the structure and
characteristics of the system�s training data.
���� �Realistic representation�
means a highly realistic electronic representation that is created using a
GenAI system and is readily identifiable as the voice or visual likeness of an
individual that is embodied in a sound recording, image, audiovisual work, or
transmission in which the actual individual either did not actually perform or
appear, or the actual individual did perform or appear, but the fundamental
character of the performance or appearance has been materially altered, which a
reasonable person would not be able to determine was not the actual individual
appearing or performing solely by seeing or hearing the representation.
���� �Realistic representation�
does not include:� (1) the use or electronic reproduction of a sample of one
sound recording or audiovisual work into another; (2) remixing, mastering, or
digital remastering of a sound recording or audiovisual work authorized by the
copyright holder; or (3) an electronic representation that has a clear and
conspicuous label or watermark identifying the electronic representation as the
product of a GenAI system.
���� 4.��� a.� Prior to publishing,
distributing, transmitting, or otherwise making available to the public a
realistic representation, an individual or entity shall obtain authorization or
consent from:�
���� (1)�� the individual who is
represented in the realistic representation; or
���� (2)�� a parent or legal
guardian, where applicable, of a minor who is represented in the realistic
representation.
���� b.��� The individual, or the
parent or guardian of a minor, if applicable, may bring a civil action for the
use of a realistic representation without obtaining prior authorization or
consent as required by subsection a. of this section.
���� c.���� It shall be a defense
to a civil action brought pursuant to subsection b. of this section that:�
���� (1)�� the defendant included a
label or disclaimer that the realistic representation was created using a GenAI
system;
���� (2)�� the defendant used the
realistic representation in such a way that a reasonable person would assume
that the realistic representation was created using a GenAI system; or
���� (3)�� the plaintiff, or the
minor individual represented in the realistic representation if applicable, is
a public figure, and the use of the realistic representation constitutes satire
or parody.
���� 5.��� a.� Except as provided
in subsection b. of this section, a plaintiff in a civil action brought
pursuant to section 4 of P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be entitled to injunctive relief and to recover
the greater of:�
���� (1)�� the damages suffered as
a result of the knowing unauthorized use of the realistic representation as
well as any profits that are attributable to the knowing unauthorized use, plus
reasonable attorneys� fees; or
���� (2)�� a civil penalty not to
exceed $1,000 per violation.
Profit, or lack thereof, generated
by the unauthorized use shall not be a criterion for determining liability.
���� b.��� If a minor is found
liable for a first violation of section 4 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the prevailing plaintiff shall
be solely entitled to injunctive relief.� For the second and each subsequent
violation of section 4 of P.L. , c.
(C. ) (pending before the
Legislature as this bill) by the minor, a prevailing plaintiff shall be
entitled to all remedies provided in subsection a. of this section.
���� 6.��� The provisions of
P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be severable, and if any of its provisions
shall be held to be unconstitutional, the decision of the court shall not
affect the validity of the remaining provisions of
P.L. , c.
(C. ) (pending before the
Legislature as this bill).
���� 7.��� This act shall take
effect on the first day of the eighth month next following the date of
enactment.
STATEMENT
���� This bill prohibits the
unauthorized distribution of a realistic representation of an individual using
a generative artificial intelligence system.� Under the bill, a �generative
artificial intelligence system� or �GenAI system� is a technology system that
is trained on data and can generate derived synthetic content, including text,
images, video, and audio, which content emulates the structure and
characteristics of the system�s training data.� Under the bill, a �realistic
representation� means a highly realistic electronic representation that is
created using a GenAI system and is readily identifiable as the voice or visual
likeness of an individual that is embodied in a sound recording, image,
audiovisual work, or transmission in which the actual individual either did not
actually perform or appear, or the actual individual did perform or appear, but
the fundamental character of the performance or appearance has been materially
altered, which a reasonable person would not be able to determine was not the
actual individual appearing or performing solely by seeing or hearing the
electronic representation.
���� Under the bill, a person is to
be liable in a civil action if the person publishes distributes, transmits, or
otherwise makes available to the public a realistic representation of an
individual without certain authorization or consent.� The individual who is
represented in a realistic representation or the parent or guardian of a minor
who is represented in a realistic representation is entitled to injunctive
relief and to recover the damages suffered as a result of the knowing
unauthorized use of the individual�s image, likeness, or voice, plus reasonable
attorneys� fees.� Under the bill, if the offender is a minor, the prevailing
plaintiff is only entitled to injunctive relief for the minor�s first
violation.� For the second and each subsequent violation by the minor, a
plaintiff is to be entitled to full relief under the bill.