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The bill criminalizes the use of synthetic digital content for fraud, allowing civil actions for damages and establishing a work group for further study.
Virginia's SB1053 expands legal definitions and penalties surrounding synthetic digital content, particularly in cases of fraud. It allows individuals depicted in such content to seek damages and mandates a work group to study enforcement issues. This legislation aims to address the growing concerns around deepfakes and their misuse.
Key Provisions
Defines 'synthetic digital content' as digital media that falsely depicts individuals.
Establishes penalties for using synthetic digital content in fraudulent activities as a Class 1 misdemeanor.
Allows individuals depicted in synthetic digital content to file civil suits for damages.
Mandates the Attorney General to form a work group to study enforcement of laws regarding synthetic digital content.
Provisions do not take effect unless reenacted by the 2026 Session of the General Assembly.
Latest Legislative Action
Acts of Assembly Chapter text (CHAP0407)
Bill Sponsors
Name
Role
District
Adam EbbinD
Sponsor
SD-030
Roll Call Votes (showing 3 of 8)
H ·
Passed House (89-Y 8-N) ·
Feb 13, 2025
89 Yea 8 Nay 3 OtherPassed ✓
H ·
Reported from Courts of Justice (22-Y 0-N) ·
Feb 10, 2025
22 Yea 0 NayPassed ✓
H ·
Subcommittee recommends reporting with substitute (7-Y 1-N) ·
Feb 5, 2025
7 Yea 1 Nay 1 OtherPassed ✓
S ·
Engrossment reconsidered by Senate ·
Jan 23, 2025
39 Yea 0 Nay 1 OtherPassed ✓
S ·
Constitutional reading dispensed (on 3rd reading) ·
Jan 23, 2025
39 Yea 0 Nay 1 OtherPassed ✓
S ·
Passed Senate ·
Jan 23, 2025
39 Yea 0 Nay 1 OtherPassed ✓
S ·
Constitutional reading dispensed (on 1st reading) (40-Y 0-N) ·
Jan 21, 2025
40 Yea 0 NayPassed ✓
S ·
Reported from Courts of Justice with amendment (15-Y 0-N) ·
Jan 20, 2025
15 Yea 0 NayPassed ✓
Amendments (2)
Courts of Justice AmendmentPending—
Courts of Justice AmendmentPending—
Compliance Checklist
Ensure synthetic digital content is not used for fraudulent purposes. Who: All individuals and businesses using synthetic digital content. Penalty: Class 1 misdemeanor for violations.
Prepare for potential civil actions from individuals depicted in synthetic digital content. Who: Content creators and distributors. Penalty: Liability for actual damages and attorney fees.
SB1053 amends existing Virginia law to include synthetic digital content within the scope of defamation, slander, and libel, defining it as any digital content that falsely depicts an individual's appearance, speech, or conduct. The bill makes it a Class 1 misdemeanor to use synthetic digital content for committing fraud, establishing that this offense is separate from any primary criminal offense. Individuals depicted in such content are granted the right to pursue civil action for damages, including attorney fees. The Attorney General is tasked with convening a work group to study the enforcement of laws related to synthetic digital content, including deepfakes, and to report findings by the 2026 Regular Session of the General Assembly. The substantive provisions of the bill will not take effect unless reenacted by the 2026 Session, while the work group provisions will take effect in due course.
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