The bill creates a statutory scheme to regulate the use of deepfakes
produced using generative artificial intelligence (AI) in communications about candidates for elective office. Sections 1 and 2 of the bill expand the existing authority of an administrative hearing officer under the Fair Campaign Practices Act (act) to impose civil penalties for distribution of a communication that includes a deepfake related to a candidate for elective office in violation of the provisions of section 3. Section 3 prohibits the distribution of a communication that
includes an undisclosed deepfake with actual malice as to the deceptiveness or falsity of the communication related to a candidate for public office. Section 3 also defines AI, deepfake, and the requirements for a clear, conspicuous, and understandable disclosure statement regarding a deepfake that are necessary to avoid a violation of the new prohibition. In addition to meeting the specific statutory requirements for a clear and conspicuous disclosure statement, the disclosure statement must be included in the communication's metadata and, to the extent technically feasible, must be permanent or unable to be easily removed by subsequent users. The disclosure statement must also conform to any subsequent requirements established by the secretary of state through rulemaking.
Any person who believes there has been a violation of the statutory
or regulatory requirements for disclosure of the use of a deepfake in a communication concerning a candidate for elective office may file a complaint with the office of the secretary of state (secretary). The secretary shall hear such complaints in accordance with the secretary's existing complaint and administrative hearing procedures under the act, and punish such complaints in accordance with sections 1 and 2.
Additionally, a candidate who is the subject of a communication
that includes a deepfake and does not comply with the disclosure requirements may bring a civil action for injunction or for general or special damages or both. In either type of action, the plaintiff-candidate must prove the defendant's actual malice as to the falsity or deceptiveness of the communication that includes the deepfake by clear and convincing evidence, consistent with established case law principles related to the right of free speech.
