House committee substitute makes the following changes to the 1st edition.
Section 1.
Changes the definition of deepfake in new GS 14-459. Now includes that the image or audio or video recording be digitally altered or generated to inauthentically depict a natural person speaking or acting in a manner that the person did not actually speak or act such that a reasonable person would not know that the depiction is false (previously included that the image or audio or video recording appear to depict a natural person speaking or acting in a manner that the person did not actually speak or act). Adds an exclusion for a work of artistic or newsworthy value including commentary, criticism, satire, or parody. Adds interactive computer service to the defined terms, defined to mean any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and the systems operated or services offered by libraries or educational institutions. Removes previous subsection (d) authorizing the court to award the destruction of the deepfake for violations of the statute. Adds a new subsection granting immunity to interactive computer services, and providers and developers of technology used in the creation of a deepfake, used by a person in the commission of an offense under the statute. Makes organizational and clarifying changes.
Section 2.
Adds interactive computer service to the defined terms set forth in new GS 1-539.30, defined in the same way as the term is defined under new GS 14-459. Makes clarifying changes. Adds interactive computer services from to the entities that are immune from liability for damage to clients by learned professionals resulting from errors generated by an artificial intelligence product. Makes technical and clarifying changes.
Bill Summaries: H934 (2025-2026 Session)
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Bill H 934 (2025-2026)Summary date: May 6 2025 - View summary
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Bill H 934 (2025-2026)Summary date: Apr 10 2025 - View summary
Section 1.
Creates new GS 14-459, in Article 60 of Chapter 14, adding criminal and civil consequences for unlawful distribution of a deepfake. Defines a deepfake as an image or audio or video recording that has been created with the intent to deceive and that appears to depict a natural person speaking or acting in a manner that the person did not actually speak or act. Makes it unlawful for a person, without consent of the depicted individual, to knowingly create or solicit the creation of a deepfake with the intent to distribute a deepfake or to distribute a deepfake with the purpose of (1) harassing, extorting, threatening, or causing physical, emotional, reputational, or economic harm to an individual falsely depicted or (2) injuring a candidate for elected office or influencing an election. A violation of GS 14-459 is a Class 1 misdemeanor and a court can order the destruction of the deepfake. Any person aggrieved by a deepfake in violation of GS 14-459 has a civil cause of action against the creator, solicitor, or distributor of the deepfake and can recover actual damages of $1,000 each time the deepfake is redistributed, punitive damages, and attorney’s fees and litigation costs.
Effective December 1, 2025, and applies to offenses committed on or after that date.
Section 2.
Creates new GS 1-539.30, providing immunity for developers of artificial intelligence products for errors when the artificial intelligence product is being used by a learned professional providing professional services to a client. Provides definitions for the following terms: artificial intelligence product or AI product; client; developer; error; and learned professional. Effective December 1, 2025, and applies to acts or omissions occurring on or after that date.