WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(c.5)(I) In addition to and without prejudice to any other penalty authorized under this article 45, a hearing officer shall impose a civil penalty as follows: (I) At least one hundred dollars for each violation that is a failure to include a disclosure statement in accordance with section 1-46-103 (2), if the violation does not involve any paid advertising or other spending to promote or attract attention to a communication prohibited by section 1-46-103 (1), or such other higher amount that, based on the degree of distribution and public exposure to the unlawful communication, the hearing officer deems appropriate to deter future violations of section 1-46-103; and
(c.5)(II) At least ten percent of the amount paid or spent to advertise, promote, or attract attention to a communication prohibited by section 1-46-103 (1) that does not include a disclosure statement in accordance with section 1-46-103 (2), or such other higher amount that, based on the degree of distribution and public exposure to the unlawful communication, the hearing officer deems appropriate to deter future violations of section 1-46-103.
This section adds a new penalty schedule to the Secretary of State's existing enforcement powers. It establishes tiered civil penalties for violations of the deepfake disclosure requirements in Article 46: a floor of $100 per violation for disclosure failures not involving paid advertising, and a floor of 10% of advertising spend for paid communications that violate both the prohibition and the disclosure requirement. The hearing officer retains discretion to impose higher amounts based on distribution reach and public exposure.
(2)(a) Any personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) who believes that a violation has occurred of article XXVIII, this article 45, article 46 of this title 1, or the rules may file a complaint with the secretary.
This section amends the existing campaign finance complaint process to extend its scope to violations of new Article 46 (deepfake disclosure). Any person who believes a violation of Article 46 has occurred may now file a complaint with the Secretary of State under the same procedures used for campaign finance complaints. This is a procedural amendment that creates no standalone compliance obligation.
(1)(a)–(c) The General Assembly finds and declares that: (a) The revolutionary innovations in generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.C.R.S. § 1-46-102(4) systems capable of producing image, audio, video, and multimedia content (AI-generated contentAI-generated content"AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence such that the use of generative artificial intelligence alters the meaning or significance that a reasonable person would take away from the content. "AI-generated content" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence such that the use of generative artificial intelligence does not materially alter the meaning or significance that a reasonable person would take away from the content.C.R.S. § 1-46-102(1)) pose a threat to free and fair elections in the state; (b) AI-generated contentAI-generated content"AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence such that the use of generative artificial intelligence alters the meaning or significance that a reasonable person would take away from the content. "AI-generated content" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence such that the use of generative artificial intelligence does not materially alter the meaning or significance that a reasonable person would take away from the content.C.R.S. § 1-46-102(1) may be used to create deepfakesDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) that falsely depict a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2)'s speech or action in order to spread misinformation and disinformation at scale and with unprecedented speed; and (c) A deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) is analogous to a personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) being forced to say something in a video recorded under duress, where the victim appears to say something they would not normally say, one through force and the other through deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) technology. A voter's opinion of a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) may be irreparably tainted by a fabricated representation of a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) or elected official saying or doing something they did not say or do. These false, negative portrayals may exist indefinitely once posted on the internet and permanently damage a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) or elected official's reputation and even put their safety at risk.
The legislative declaration establishes the General Assembly's findings that generative AI systems capable of producing image, audio, video, and multimedia content pose a threat to free and fair elections; that AI-generated content may be used to create deepfakes falsely depicting a candidate's speech or action; and that such deepfakes may irreparably taint voter opinion and permanently damage a candidate's reputation. These are findings only and create no compliance obligations.
(1)–(7) As used in this article 46, unless the context otherwise requires: (1)(a) "AI-generated contentAI-generated content"AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence such that the use of generative artificial intelligence alters the meaning or significance that a reasonable person would take away from the content. "AI-generated content" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence such that the use of generative artificial intelligence does not materially alter the meaning or significance that a reasonable person would take away from the content.C.R.S. § 1-46-102(1)" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.C.R.S. § 1-46-102(4) such that the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.C.R.S. § 1-46-102(4) alters the meaning or significance that a reasonable personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) would take away from the content. (b) "AI-generated contentAI-generated content"AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence such that the use of generative artificial intelligence alters the meaning or significance that a reasonable person would take away from the content. "AI-generated content" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence such that the use of generative artificial intelligence does not materially alter the meaning or significance that a reasonable person would take away from the content.C.R.S. § 1-46-102(1)" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.C.R.S. § 1-46-102(4) such that the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.C.R.S. § 1-46-102(4) does not materially alter the meaning or significance that a reasonable personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) would take away from the content. (2)(a) "CandidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2)" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2)" also includes any personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) who seeks nomination or election to any federal public officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6) in this state. (b) For purposes of this article 46, "candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2)" also includes an incumbent or current officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6) holder. (3) "DeepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3)" means an image, video, audio, or multimedia AI-generated contentAI-generated content"AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence such that the use of generative artificial intelligence alters the meaning or significance that a reasonable person would take away from the content. "AI-generated content" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence such that the use of generative artificial intelligence does not materially alter the meaning or significance that a reasonable person would take away from the content.C.R.S. § 1-46-102(1) that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do. (4) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.C.R.S. § 1-46-102(4)" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7). (5) "MetadataMetadata"Metadata" means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions.C.R.S. § 1-46-102(5)" means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. (6) "OfficeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6)" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4). (7) "PersonPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7)" has the same meaning as set forth in section 1-13-109 (3).
This section defines the key terms used throughout Article 46. The definitions are purely definitional and create no compliance obligations. Notably, AI-generated content is defined with a materiality threshold — content must be substantially created or modified such that the meaning or significance is altered, excluding minimal edits. Deepfake is a narrower subset: AI-generated content that falsely appears authentic and depicts an individual saying or doing something they did not. Candidate is defined broadly to include state and federal candidates, incumbents, and current officeholders.
(1) 1 Except as provided in subsections (2) and (3) of this section, no personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) shall distribute, disseminate, publish, broadcast, transmit, or display a communication concerning a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) for elective officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6) that includes a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) to an audience that includes members of the electorate for the elective officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6) to be represented by the candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) either sixty days before a primary election or ninety days before a general election, if the personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) knows or has reckless disregard for the fact that the depicted candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) did not say or do what the candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) is depicted as saying or doing in the communication.
(2)(a)–(b) 2 The prohibition in subsection (1) of this section does not apply to a communication that includes a disclosure stating, in a clear and conspicuous manner, that: "This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful." (b) A disclosure required under this section is considered to be made in a clear and conspicuous manner if the disclosure meets the following requirements: (I) In a visual communication, the text of the disclosure statement appears in a font size no smaller than the largest font size of other text appearing in the visual communication. If the visual communication does not include any other text, the disclosure statement appears in a font size that is easily readable by the average viewer. (II) In an audio communication, the disclosure statement shall be read in a clearly spoken manner in the same pitch, speed, language, and volume as the majority of the audio communication, at the beginning of the audio communication, at the end of the audio communication, and, if the audio communication is greater than two minutes in length, interspersed within the audio communication at intervals of not more than one minute each; (III) The metadata of the communication includes the disclosure statement, the identity of the tool used to create the deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3), and the date and time the deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) was created; (IV) The disclosure statement in the communication, including the disclosure statement in any metadataMetadata"Metadata" means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions.C.R.S. § 1-46-102(5), is, to the extent technically feasible, permanent or unable to be easily removed by a subsequent user; (V) The communication complies with any additional requirements for the disclosure statement that the Secretary of State may adopt by rule to ensure that the disclosure statement is presented in a clear and conspicuous and understandable manner; and (VI) In a broadcast or online visual or audio communication that includes a statement required by subsection (2) of this section, the statement satisfies all applicable requirements, if any, promulgated by the Federal Communications Commission for size, duration, and placement.
(3)(a)–(g) This section is subject to the following limitations: (a) This section does not alter or negate any rights, obligations, or immunities of an interactive computer service in accordance with 47 U.S.C. sec. 230, as amended, and shall otherwise be construed in a manner consistent with federal law; (b) This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a communication that includes a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) prohibited by subsection (1) of this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast or publication clearly acknowledges through content or a disclosure, in a manner that can be easily heard and understood or read by the average listener or viewer, that there are questions about the authenticity of the deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) in the communication; (c) This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer, or streaming service, when the station is paid to broadcast a communication that includes a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3); (d) This section does not apply to an internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication or streaming service, that routinely carries news and commentary of general interest and that publishes a communication that includes a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) prohibited by subsection (1) of this section, if the publication clearly states that the communication that includes the deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) does not accurately represent a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) for elective officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6); (e) This section does not apply to media content that constitutes satire or parody or the production of which is substantially dependent on the ability of an individual to physically or verbally impersonate the candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) and not upon generative AI or other technical means; (f) This section does not apply to the provider of technology used in the creation of a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3); and (g) This section does not apply to an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for any content provided by another information content provider as defined in 47 U.S.C. sec. 230 (f)(3).
(4) The Secretary of State shall promulgate such rules, in accordance with article 4 of title 24, as may be necessary to administer and enforce any provision of this article 46.
This is the core operative section of the bill. It prohibits any person from distributing a communication concerning a candidate for elective office that includes a deepfake within defined election windows (60 days before a primary or 90 days before a general election), if the person knows or recklessly disregards that the candidate did not say or do what is depicted. The prohibition is subject to a disclosure safe harbor: if the communication includes a prescribed disclosure statement in a clear and conspicuous manner — with specific format requirements for visual communications, audio communications, and metadata — the prohibition does not apply. The statute carves out bona fide news coverage, satire and parody, technology providers, interactive computer services under Section 230, and paid broadcast stations.
Any personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) who believes that a violation of section 1-46-103, or the Secretary of State's rules concerning the use of a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) in a communication concerning a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) for elective officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6), has occurred may file a written complaint with the officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6) in accordance with section 1-45-111.7 (2). Such complaint shall be reviewed and adjudicated in accordance with section 1-45-111.7 and the Secretary of State's rules for complaints and administrative hearings pursuant to article 45 of this title 1.
This section establishes the administrative enforcement mechanism. Any person who believes a violation of section 1-46-103 has occurred may file a written complaint with the Secretary of State's office. The complaint is reviewed and adjudicated under the existing campaign finance complaint procedures in section 1-45-111.7, including the Secretary of State's rules for administrative hearings. This is a procedural enforcement provision that creates no standalone compliance obligation.
(1)(a)–(d) A candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) whose appearance, action, or speech is depicted in a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) that is included in a communication distributed in violation of section 1-46-103 may: (a) Seek injunctive or other equitable relief prohibiting the distribution, dissemination, publication, broadcast, transmission, or display of the communication, and preventing the defendant from otherwise further violating this article 46; (b) Bring an action for compensatory and punitive damages against the personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) that distributed, disseminated, published, broadcast, transmitted, or displayed the communication; (c) Seek reasonable attorney fees, filing fees, and costs of action; and (d) Seek any other just and appropriate relief necessary to enforce this article 46 and remedy the harm caused by the violation of section 1-46-103.
(2)–(4) An action commenced pursuant to subsection (1)(a) of this section must be heard by the district court at the earliest practical time. (3) An action commenced pursuant to subsection (1)(a) or (1)(b) of this section does not limit or preclude a plaintiff from securing or recovering any other available remedy, or from seeking to institute a criminal action against the defendant. (4) In any civil action alleging a violation of section 1-46-103, the plaintiff bears the burden of establishing the violation by clear and convincing evidence.
This section creates a private right of action exclusively for candidates whose appearance, action, or speech is depicted in a deepfake distributed in violation of section 1-46-103. Available remedies include injunctive and equitable relief, compensatory and punitive damages, reasonable attorney fees, and any other just and appropriate relief. Injunctive actions must be heard at the earliest practical time. The civil action does not preclude other remedies or criminal prosecution. Notably, the plaintiff must establish the violation by clear and convincing evidence — a higher standard than the preponderance standard typical in civil actions.
(1)–(2) Nothing in this article 46 limits or impairs in any way the right of the Attorney General, or any personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) or entity, to pursue a legal action against a personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) in connection with a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) pursuant to any other law, cause of action, tort theory, or other authority. (2) Nothing in this article 46, exempts a personPerson"Person" has the same meaning as set forth in section 1-13-109 (3).C.R.S. § 1-46-102(7) who knowingly or recklessly distributes, disseminates, publishes, broadcasts, transmits, or displays a communication concerning a candidateCandidate"Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state. For purposes of this article 46, "candidate" also includes an incumbent or current office holder.C.R.S. § 1-46-102(2) for elective officeOffice"Office" means the office of the Secretary of State, or the section or division of the office of the Secretary of State administering the election laws of this state pursuant to section 1-1-107 (4).C.R.S. § 1-46-102(6) that includes a false statement through a deepfakeDeepfake"Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.C.R.S. § 1-46-102(3) from criminal liability in accordance with section 1-13-109, or any other applicable provision of law.
This savings clause preserves the right of the Attorney General or any other person to pursue legal action related to a deepfake under any other law, cause of action, or tort theory. It also clarifies that Article 46 does not exempt anyone from criminal liability under section 1-13-109 or other applicable law for knowingly or recklessly distributing a communication with a false statement through a deepfake. No new compliance obligations are created.