SB361 prohibits influencing or attempting to influence a voter’s decision to cast a vote for a candidate or ballot issue with “synthetic media,” defined as an image, audio, or video created or altered using artificial intelligence to falsely depict a person with “false intent.” It exempts news media, satire, or parody, and protects internet or broadcast service providers from liability. Violations are punishable by a fine of up to $5,000, imprisonment of up to 5 years, or both.
The Maryland State Senate passed SB361 on April 7, 2025, by a vote of 39 to 8. We have assigned pluses to the nays because this legislation imposes restrictions on speech in violation of the First Amendment of the U.S. Constitution. It infringes on individual liberty by restricting free expression and enabling selective enforcement against political speech, expanding government overreach in regulating digital content creation and dissemination.