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.
(a)(2)(A) 1 using synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.K.S.A. 25-2407(d)(2) in any election campaign communication through any medium to alter the appearance, action or speech of a candidate;
(a)(2)(B) 2 using synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.K.S.A. 25-2407(d)(2) in any communication through any medium to alter the appearance, action or speech of an elected or appointed state official.
(b) Corrupt political advertising is a class C misdemeanor.
(c) 1 It is an affirmative defense that the communication containing synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.K.S.A. 25-2407(d)(2) includes a disclosure stating: "This (image/video/audio) has been manipulated." Such disclosure shall be expressed as follows: (1) For visual media, the text of the disclosure shall appear in a font size that is easily readable by the average viewer and not smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a font size that is easily readable by the average viewer. For visual media that is a video, the disclosure shall appear for the duration of the video; or (2) if the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener and stated at the beginning of the audio, at the end of the audio and, if the audio is longer than two minutes, interspersed within the audio at intervals of not more than two minutes each.
(d) For the purposes of this section, the term: (1) "Expressly advocate the nomination, election or defeat of a candidateExpressly advocate the nomination, election or defeat of a candidate"Expressly advocate the nomination, election or defeat of a candidate" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto.K.S.A. 25-2407(d)(1)" shall have the meaning ascribed to it in K.S.A. 25-4143, and amendments thereto; and (2) "synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.K.S.A. 25-2407(d)(2)" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.
Section 1 amends Kansas's general corrupt political advertising statute to add two new categories of corrupt political advertising involving synthetic media. Subsection (a)(2)(A) prohibits using synthetic media in any election campaign communication through any medium to alter the appearance, action, or speech of a candidate. Subsection (a)(2)(B) extends a similar prohibition to communications altering the appearance, action, or speech of any elected or appointed state official — notably, this second prohibition is not limited to election campaign communications.
The bill provides an affirmative defense under subsection (c) if the communication includes a prescribed disclosure stating that the media has been manipulated, with specific formatting requirements for visual and audio media. The offense remains classified as a class C misdemeanor. The definition of synthetic media in subsection (d)(2) requires that the manipulation be intentional, use generative AI or other digital technology, and produce a realistic but false depiction that creates a fundamentally different understanding than the original.
(b)(1)(F) 3 using synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.K.S.A. 25-2407(d)(2) in any election campaign communication through any medium to alter the appearance, action or speech of a candidate.
(b)(3) Corrupt political advertising of a state or local office is a class C misdemeanor.
(c) 3 It is an affirmative defense that the election campaign communication containing synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.K.S.A. 25-2407(d)(2) includes a disclosure stating: "This (image/video/audio) has been manipulated." Such disclosure shall be expressed as follows: (1) For visual media, the text of the disclosure shall appear in a font size that is easily readable by the average viewer and not smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a font size that is easily readable by the average viewer. For visual media that is a video, the disclosure shall appear for the duration of the video; or (2) if the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener and stated at the beginning of the audio, at the end of the audio and, if the audio is longer than two minutes, interspersed within the audio at intervals of not more than two minutes each.
(d) For purposes of this section, the term "synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.K.S.A. 25-2407(d)(2)" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (1) A depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (2) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.
(e) If any provision of this section or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this section that can be given effect without the invalid application or provision, and to this end the provisions of this section are declared to be severable.
Section 2 amends Kansas's state and local office corrupt political advertising statute to add synthetic media as a new category of corrupt political advertising. Subsection (b)(1)(F) prohibits using synthetic media in any election campaign communication through any medium to alter the appearance, action, or speech of a candidate for state or local office. This mirrors the prohibition in K.S.A. 25-2407(a)(2)(A) but is specific to the state and local office context.
As with Section 1, subsection (c) provides an affirmative defense for communications that include a prescribed manipulation disclosure with formatting requirements for visual and audio media. Subsection (d) adopts the same definition of synthetic media. Subsection (e) adds a severability clause. The offense is classified as a class C misdemeanor.
K.S.A. 25-2407 and 25-4156 are hereby repealed.
This section repeals the existing versions of K.S.A. 25-2407 and 25-4156, which are replaced by the amended versions in Sections 1 and 2 of this act. No new compliance obligations are created.
This act shall take effect and be in force from and after its publication in the statute book.
The act takes effect upon publication in the Kansas statute book. This is the standard Kansas effective date provision for bills that do not specify a particular date.