Regulon.AI — AL-SB-129 · AL SB 129 (AI-Generated Content Disclosure)

Summary

Requires developers of generative AI systems made available in Alabama to include clear, conspicuous, and format-appropriate disclosures on AI-generated image, video, or audiovisual content, including both human-perceptible labels and metadata identifying the content as AI-generated, the tool used, and the creation timestamp. Developers must also implement reasonable procedures — including contractual requirements, certifications, and access termination — to prevent downstream removal of disclosures by end users and third-party licensees. Third-party licensees face parallel downstream-prevention obligations. Violations constitute unlawful trade practices under Alabama's Deceptive Trade Practices Act, enforceable by the Attorney General with a 30-day cure period, and injured persons have a private right of action under Section 8-19-10 of the Alabama Code.

Enforcement & Penalties

Enforcement Authority

Attorney General enforcement under the Deceptive Trade Practices Act, Chapter 19 of Title 8, Code of Alabama 1975. Before initiating an enforcement action for a violation of Section 2, the Attorney General may provide a developer 30 days' written notice identifying the specific violations; if the developer cures the violation within that period and provides an express written statement that the violations have been cured and no further violations shall occur, the Attorney General shall not initiate an action for the noticed violations. Private right of action available to any person injured due to a violation of Section 2, pursuant to Section 8-19-10, Code of Alabama 1975.

Penalties

Remedies available under Alabama's Deceptive Trade Practices Act, Section 8-19-10, Code of Alabama 1975. Under that provision, a person injured by a violation may recover actual damages, or $100 minimum statutory damages per violation, plus reasonable attorney's fees and costs. Injunctive relief may also be available. The bill itself does not specify independent penalty amounts beyond incorporating the DTPA remedies.

Who Is Covered

DEVELOPER. Any person doing business in this state that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in this state.

THIRD-PARTY LICENSEE. Any person in this state that holds a license from a developer to access and use a generative artificial intelligence system for its own purposes.

What Is Covered

GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM. Any artificial intelligence system or service that incorporates generative artificial intelligence.

Compliance Obligations 3 obligations · click obligation ID to open requirement page

T-02 AI Content Labeling & Provenance · T-02.1 T-02.2 · Developer · Content Generation

Section 2(a)(1)-(3), Section 2(b)(1)-(7)

Plain Language

Developers of generative AI systems available in Alabama must ensure that any image, video, or audiovisual content the system produces carries two layers of disclosure: (1) a human-perceptible label that is clear, conspicuous, unavoidable, format-matched (visual for visual content, visual-and-audible for audiovisual content), understandable to a reasonable person, and not contradicted by the content itself; and (2) embedded metadata identifying the content as AI-generated, the tool used, and the creation timestamp. Both disclosures must, to the extent technically feasible, be permanent or unable to be easily removed by subsequent users. The disclosure obligation is triggered only when the content meets the definition of AI-generated content — i.e., it materially alters a reasonable person's understanding of the content's meaning or significance. Minor AI enhancements that do not cross this materiality threshold would not trigger the obligation.

Statutory Text

(a) A developer of a generative artificial intelligence system made available in this state shall ensure that any generative artificial intelligence system that produces images, video, or audiovisual content includes a clear and conspicuous disclosure on AI-generated content that meets all of the following requirements: (1) The disclosure shall include a clear and conspicuous notice appropriate for the medium of the content which identifies the content as AI-generated content. (2) The output's metadata shall identify the content as AI-generated content, identify the tool used to create the content, and the date and time the content was created. (3) The disclosure, to the extent technically feasible, shall be permanent or unable to be easily removed by subsequent users. (b) For a disclosure to be clear and conspicuous as required by subsection (a), the disclosure shall meet all of the following criteria: (1) For content that is solely visual, the disclosure shall be made visually in the same means the content is presented. (2) For content that is both visual and audible, the disclosure shall be visual and audible. (3) A visual disclosure shall stand out from any accompanying text or other visual elements by its size, contrast, location, the length of time it appears, and other characteristics so that the disclosure is easily noticed, read, and understood. (4) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (5) The disclosure shall be unavoidable. (6) The disclosure shall use diction and syntax understandable to a reasonable person. (7) The disclosure shall not be contradicted, mitigated by, or inconsistent with, anything else in the communication.

T-02 AI Content Labeling & Provenance · T-02.1 · Developer · Content Generation

Section 2(c)(1)-(3)

Plain Language

Developers must implement reasonable procedures to prevent their generative AI systems from being used downstream without the required disclosures. At a minimum, developers must: (1) contractually require end users and third-party licensees not to remove disclosures from AI-generated content; (2) obtain certifications from end users and third-party licensees that they will not remove disclosures; and (3) terminate access when the developer has reason to believe an end user or third-party licensee has removed a required disclosure. This is an affirmative procedural obligation — developers must build and maintain these downstream safeguards, not merely include passive terms of service.

Statutory Text

(c) A developer of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of a generative artificial intelligence system without the disclosures required under subsection (a), which shall include: (1) Requiring by contract that end users and third-party licensees of the generative artificial intelligence system refrain from removing any required disclosure from AI-generated content; (2) Requiring certification that end users and third-party licensees will not remove any disclosure from AI-generated content; and (3) Terminating access to the generative artificial intelligence system when the developer has reason to believe that an end user or third-party licensee has removed the required disclosure from AI-generated content.

T-02 AI Content Labeling & Provenance · T-02.1 · Deployer · Content Generation

Section 2(d)(1)-(3)

Plain Language

Third-party licensees of generative AI systems face a parallel downstream-prevention obligation to developers. They must implement reasonable procedures to prevent end users from using the system without required disclosures, including: (1) contractually requiring end users not to remove disclosures; (2) obtaining certifications from end users; and (3) terminating access when there is reason to believe an end user has removed a required disclosure. This obligation runs independently of the developer's own obligation under Section 2(c), meaning both the developer and the third-party licensee are separately responsible for downstream compliance.

Statutory Text

(d) Any third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of a generative artificial intelligence system without the disclosures required under subsection (a). The procedures shall include: (1) Requiring by contract that end users of the generative artificial intelligence system refrain from removing any required disclosure from AI-generated content; (2) Requiring certification that end users will not remove any disclosure from AI-generated content; and (3) Terminating access to the generative artificial intelligence system when the developer has reason to believe that an end user has removed the required disclosure from AI-generated content.