WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A) IN THIS SECTION, "FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2)" HAS THE MEANING STATED IN § 8–906 OF THE CRIMINAL LAW ARTICLE.
(B) 1 THE DISTRIBUTION OF A FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2) TO ANOTHER CONSTITUTES A STATEMENT OR COMMUNICATION FOR THE PURPOSE OF AN ACTION FOR DEFAMATION.
This section extends Maryland's existing civil defamation framework to AI-generated deepfakes by declaring that distribution of a forged digital likeness to another person constitutes a statement or communication for defamation purposes. This does not create a new standalone cause of action — rather, it removes any argument that a deepfake is not a 'statement' amenable to defamation liability, enabling victims to pursue relief under existing tort law.
(A)(1)–(3) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) "FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2)" MEANS A COMPUTER–GENERATED VISUAL REPRESENTATION OF AN ACTUAL AND IDENTIFIABLE INDIVIDUAL OR AUDIO RECORDING OF AN ACTUAL AND IDENTIFIABLE INDIVIDUAL'S VOICE THAT: (I) HAS BEEN CREATED, ADAPTED, OR MODIFIED TO BE INDISTINGUISHABLE FROM A GENUINE VISUAL REPRESENTATIONVisual representation"Visual representation" includes a pictorial or motion picture representation, regardless of the media used.Md. Code, Crim. Law § 8–906(A)(3) OR AUDIO RECORDING OF THE INDIVIDUAL; (II) MISREPRESENTS THE APPEARANCE, SPEECH, OR BEHAVIOR OF THE INDIVIDUAL; AND (III) IS LIKELY TO DECEIVE A REASONABLE PERSON TO BELIEVE THAT THE VISUAL REPRESENTATIONVisual representation"Visual representation" includes a pictorial or motion picture representation, regardless of the media used.Md. Code, Crim. Law § 8–906(A)(3) OR AUDIO RECORDING IS GENUINE. (3) "VISUAL REPRESENTATIONVisual representation"Visual representation" includes a pictorial or motion picture representation, regardless of the media used.Md. Code, Crim. Law § 8–906(A)(3)" INCLUDES A PICTORIAL OR MOTION PICTURE REPRESENTATION, REGARDLESS OF THE MEDIA USED.
(B) THIS SECTION DOES NOT APPLY TO THE DISTRIBUTION OF: (1) A DRAWING; (2) A CARTOON; (3) A SCULPTURE; OR (4) A PAINTING.
(C)–(D) 2 A PERSON MAY NOT KNOWINGLY DISTRIBUTE A FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2) IF THE PERSON: (1) DISTRIBUTES THE FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2) AS GENUINE; AND (2) KNOWS OR REASONABLY SHOULD KNOW THE FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2) IS NOT A GENUINE VISUAL REPRESENTATIONVisual representation"Visual representation" includes a pictorial or motion picture representation, regardless of the media used.Md. Code, Crim. Law § 8–906(A)(3) OR AUDIO RECORDING. (D) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $1,000 OR BOTH.
(E) 2 IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE DEFENDANT TOOK REASONABLE ACTION TO PLACE VIEWERS OR LISTENERS OF THE FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2) ON NOTICE THAT THE FORGED DIGITAL LIKENESSForged digital likeness"Forged digital likeness" means a computer–generated visual representation of an actual and identifiable individual or audio recording of an actual and identifiable individual's voice that: (I) has been created, adapted, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual; (II) misrepresents the appearance, speech, or behavior of the individual; and (III) is likely to deceive a reasonable person to believe that the visual representation or audio recording is genuine.Md. Code, Crim. Law § 8–906(A)(2) WAS NOT GENUINE.
(F) THIS SECTION MAY NOT BE CONSTRUED IN A MANNER THAT INFRINGES ON THE RIGHT TO FREE SPEECH OR OF THE PRESS AS GUARANTEED BY THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION OR THE MARYLAND DECLARATION OF RIGHTS.
Section 8–906 establishes the bill's core criminal prohibition. It defines forged digital likeness as a computer-generated visual representation or audio recording of an identifiable individual that is indistinguishable from a genuine recording, misrepresents the individual's appearance, speech, or behavior, and is likely to deceive a reasonable person. The prohibition targets knowing distribution of such content as genuine when the distributor knows or reasonably should know the content is not genuine.
The section includes carve-outs for drawings, cartoons, sculptures, and paintings, and provides an affirmative defense for distributors who took reasonable action to notify viewers or listeners that the likeness was not genuine — effectively a labeling safe harbor. A First Amendment savings clause preserves constitutional speech and press protections.