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.
The legislature finds that the integration of artificial intelligence technologies has become increasingly prevalent in political campaigns, influencing the dissemination of information, voter engagement, and electoral outcomes. Due to the potential impact of artificial intelligence on the democratic process, it is imperative to establish mechanisms that promote openness, fairness, and ethical conduct in political campaigns. The legislature also finds that the responsible use of artificial intelligence demands disclosure to enable voters to make informed decisions about the candidates they support. While acknowledging the potential benefits associated with the use of artificial intelligence, it is essential to establish a framework that upholds impartiality and safeguards the democratic principles vital to the electoral process. The purpose of this Act is to require the disclosure of the use of artificial intelligence in political campaigns.
Section 1 sets out the legislature's findings regarding the increasing use of AI in political campaigns and the need for disclosure to protect the democratic process. It states that the purpose of the Act is to require disclosure of AI use in political campaign advertisements. This section creates no compliance obligations.
(a) 1 Any advertisement that contains an image, video footage, or audio recording that is created in whole or in part with the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means the use of computers, machines, or similar technology to create an artificial image, video footage, or audio recording of an actual person, place, or thing that a reasonable third party would likely perceive to be an actual image, video footage, or an audio recording of that person, place, or thing.HRS § 11-__ (e) shall include a clear and conspicuous statement that discloses that use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means the use of computers, machines, or similar technology to create an artificial image, video footage, or audio recording of an actual person, place, or thing that a reasonable third party would likely perceive to be an actual image, video footage, or an audio recording of that person, place, or thing.HRS § 11-__ (e) in creating the image, video footage, or audio recording.
(b) 1 A statement required pursuant to this section shall be considered to be clear and conspicuous if the statement meets the following requirements, as applicable: (1) If the advertisement consists of still images, text, or both, without any video footage or audio recording, the statement shall: (A) Appear in a font that is not smaller than the majority of the text in the advertisement; (B) Be contained in a printed box set apart from the other contents of the communication; and (C) Be printed with a reasonable degree of color contrast between the background and the printed statement; (2) If the advertisement includes any audio recording, the statement shall be made in a clearly audible and intelligible manner at the beginning or end of the advertisement, for no less than three seconds; or (3) If the advertisement contains video footage, the statement shall: (A) Be included at either the beginning or the end of the advertisement; (B) Appear in a written format that is clearly comprehensible and otherwise meets the requirements of paragraph (1) and appears for at least four seconds; and (C) Also be made in a audible manner, pursuant to paragraph (2); provided that this subparagraph shall not apply if the advertisement does not contain any other audio recording.
(c) Any candidate, candidate committee, or noncandidate committee that violates this section shall be subject to a fine under section 11-410.
(d) The commission shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For the purposes of this section, "generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means the use of computers, machines, or similar technology to create an artificial image, video footage, or audio recording of an actual person, place, or thing that a reasonable third party would likely perceive to be an actual image, video footage, or an audio recording of that person, place, or thing.HRS § 11-__ (e)" means the use of computers, machines, or similar technology to create an artificial image, video footage, or audio recording of an actual person, place, or thing that a reasonable third party would likely perceive to be an actual image, video footage, or an audio recording of that person, place, or thing.
This new section imposes the bill's core disclosure obligation: any political campaign advertisement that contains an image, video footage, or audio recording created in whole or in part with generative AI must include a clear and conspicuous disclosure statement. The section prescribes detailed format requirements tailored to the medium — print/text ads must use a boxed statement with adequate font size and color contrast; audio ads must include a clearly audible statement of at least three seconds; and video ads must combine both written and audible disclosures.
Violations by candidates, candidate committees, or noncandidate committees are subject to fines under HRS § 11-410. The Campaign Spending Commission is directed to adopt implementing rules. The definition of generative artificial intelligence is limited to realistic depictions of actual persons, places, or things — it does not cover wholly fictional or abstract AI-generated content.
This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
This section preserves rights, duties, penalties, and proceedings that matured before the Act's effective date. It creates no new compliance obligation.
This Act shall take effect on July 1, 2024.
Sets the Act's effective date as July 1, 2024. The bill did not advance, so this provision is moot.