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Legislative Year: 2024 Change

Bill Detail: HB24-1147

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Title Candidate Election Deepfake Disclosures
Status Introduced In Senate - Assigned to State, Veterans, & Military Affairs (03/18/2024)
Bill Subjects
  • Elections & Redistricting
House Sponsors B. Titone (D)
J. Joseph (D)
Senate Sponsors J. Buckner (D)
C. Hansen (D)
House Committee State, Civic, Military and Veterans Affairs
Senate Committee State, Veterans and Military Affairs
Date Introduced 01/29/2024

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.

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