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.
(7)(a)(ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election;
Section 1 of the act amends the existing definition of electioneering communication in Idaho Code § 67-6602(7) to extend the pre-primary election window from 30 days to 60 days, aligning it with the existing 60-day pre-general-election window. This expansion broadens the temporal scope of the new synthetic media cause of action and all other obligations that turn on the electioneering communication definition.
(1) This section shall be known and may be cited as the "Freedom From AI-Rigged (FAIR) Elections Act."
(2)(a) "Information content providerInformation content provider"Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.Idaho Code § 67-6628A(2)(a)" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Idaho Code § 67-6628A(2)(b).
(2)(b) "Interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Idaho Code § 67-6628A(2)(b)" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(2)(c) "Synthetic mediaSynthetic media"Synthetic media" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.Idaho Code § 67-6628A(2)(c)" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.
(3) 1 A candidateCandidate"Candidate" means an individual who seeks nomination, election, or reelection to public office and who has taken any of the following actions: (a) Announced the individual's candidacy publicly; (b) Filed for public office; (c) Received a contribution for the purpose of promoting the individual's candidacy for office; or (d) Made an expenditure, contracted for services, or reserved space with the intent of promoting the individual's candidacy for office. For purposes of this chapter, an incumbent shall be presumed to be a candidate in the subsequent election for his or her office until the incumbent has failed to file a declaration of candidacy by the statutory deadline.Idaho Code § 67-6602(1) whose action or speech is deceptively represented through the use of synthetic mediaSynthetic media"Synthetic media" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.Idaho Code § 67-6628A(2)(c) in an electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a) may seek injunctive or other equitable relief prohibiting the publication of such synthetic mediaSynthetic media"Synthetic media" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.Idaho Code § 67-6628A(2)(c).
(4) 1 A candidateCandidate"Candidate" means an individual who seeks nomination, election, or reelection to public office and who has taken any of the following actions: (a) Announced the individual's candidacy publicly; (b) Filed for public office; (c) Received a contribution for the purpose of promoting the individual's candidacy for office; or (d) Made an expenditure, contracted for services, or reserved space with the intent of promoting the individual's candidacy for office. For purposes of this chapter, an incumbent shall be presumed to be a candidate in the subsequent election for his or her office until the incumbent has failed to file a declaration of candidacy by the statutory deadline.Idaho Code § 67-6602(1) whose action or speech is deceptively represented through the use of synthetic mediaSynthetic media"Synthetic media" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.Idaho Code § 67-6628A(2)(c) in an electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a) may bring an action for general damages, special damages, or both against the information content providerInformation content provider"Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.Idaho Code § 67-6628A(2)(a). The court may also award a prevailing party reasonable attorney's fees and costs. The provisions of this subsection do not limit or preclude a plaintiff from securing or recovering any other available remedy.
(5)(a)–(b) 1 It shall be an affirmative defense for any action brought pursuant to this section that the electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a) containing synthetic mediaSynthetic media"Synthetic media" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.Idaho Code § 67-6628A(2)(c) includes a disclosure stating, "This (video/audio) has been manipulated" in the following manner: (a) If the media is a video, the text of the disclosure must be prominently displayed and appear in a size easily readable by the average viewer, and the disclosure must appear for the duration of the video; or (b) If the media consists of audio only, the disclosure must be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener at the beginning of the audio, at the end of the audio, and, if the audio is greater than two (2) minutes in length, interspersed within the audio at intervals of no more than two (2) minutes each.
(6) In any action commenced pursuant to this section, the plaintiff bears the burden of establishing the use of synthetic mediaSynthetic media"Synthetic media" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.Idaho Code § 67-6628A(2)(c) by clear and convincing evidence.
(7) Courts are encouraged to determine matters pursuant to this section expediently.
(8) 2 For an action brought pursuant to this section, the information content provider of the electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a) may be held liable and not the medium disseminating the electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a), except as provided in subsection (9) of this section.
(9)(a)–(b) 2 Except when a licensee, programmer, or operator of a federally licensed broadcasting station transmits an electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a) that is subject to 47 U.S.C. 315, a medium may be held liable in a cause of action brought pursuant to this section if: (a) The medium removes any disclosure described in subsection (5) of this section from the electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a) it disseminates; or (b) Subject to affirmative defenses described in this section, the medium changes the content of an electioneering communicationElectioneering communication"Electioneering communication" means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: (i) Unambiguously refers to any candidate; and (ii) Is broadcasted, printed, mailed, delivered, made or distributed within sixty (60) days before a primary election or sixty (60) days before a general election; and (iii) Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office.Idaho Code § 67-6602(7)(a) such that it qualifies as synthetic mediaSynthetic media"Synthetic media" means an audio recording or a video recording of an individual's speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording.Idaho Code § 67-6628A(2)(c).
(10) 2 No provider or user of an interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Idaho Code § 67-6628A(2)(b) shall be treated as the publisher or speaker of any information provided by another information content providerInformation content provider"Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.Idaho Code § 67-6628A(2)(a). However, an interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Idaho Code § 67-6628A(2)(b) may be held liable in accordance with subsection (9) of this section.
Section 67-6628A is the operative heart of the bill. It creates a candidate-initiated private right of action against information content providers who use AI-generated synthetic media to deceptively represent a candidate's speech or conduct in electioneering communications. Subsection (3) provides equitable relief (injunctions), while subsection (4) provides monetary relief (general and special damages plus attorney's fees).
The act provides an affirmative defense where the synthetic media carries a prominently displayed manipulation disclosure meeting specified format requirements for video or audio. Liability is directed at the information content provider, with disseminating media generally shielded unless the medium strips disclosures or itself creates synthetic content. Interactive computer services receive a limited safe harbor modeled on Section 230, subject to the same carve-backs applicable to other media. The plaintiff must prove the use of synthetic media by clear and convincing evidence.
Section 3 The provisions of this act are hereby declared to be severable, and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
Section 4 An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.
Section 3 provides a standard severability clause, and Section 4 declares an emergency, making the act effective immediately upon passage and approval rather than on the default July 1 effective date.