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) The Legislature of Louisiana finds that the state has a compelling interest in taking every necessary step to assure that all elections are held in a fair and ethical manner and finds that an election cannot be held in a fair and ethical manner when any candidate or other person is allowed to print or distribute any material which falsely alleges that a candidate is supported by or affiliated with another candidate, group of candidates, or other person, or a political faction, or to publish statements that make scurrilous, false, or irresponsible adverse comments about a candidate or a proposition. The legislature further finds that the state has a compelling interest to protect the electoral process, and that the people have an interest in knowing the identity of each candidate whose number appears on a sample ballot in order to be fully informed and to exercise their right to vote for a candidate of their choice. The legislature further finds that it is essential to the protection of the electoral process that the people be able to know who is responsible for publications in order to more properly evaluate the statements contained in them and to informatively exercise their right to vote. The legislature further finds that it is essential to the protection of the electoral process to prohibit misrepresentation that a person, committee, or organization speaks, writes, or acts on behalf of a candidate, political committee, or political party, or an agent or employee thereof. The legislature further finds that it is essential to the protection of the electoral process to prohibit the undisclosed use of deep fake technologyDeep fake technology"Deep fake technology" means the use of manipulated images or audio or visual depictions that appear to be genuine.R.S. 18:1463(F)(2), artificial intelligence, or similar tools utilized to create, alter, or otherwise manipulate media in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness to emulate a candidate, an agent or employee thereof, or other persons with the intent to mislead voters.
Subsection (A) sets forth the legislative findings underlying the statute. The new language added by SB 97 expands the existing findings to declare that the state has a compelling interest in prohibiting the undisclosed use of deep fake technology, artificial intelligence, or similar tools to create media that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness, when used to emulate a candidate or other person with intent to mislead voters. This is a findings provision and creates no independent compliance obligation.
(C)(1) 1 No person shall cause to be distributed, or transmitted, any oral, visual, digital, or written material containing any statement or depiction which he knows or should be reasonably expected to know makes a false statement about or representation of a candidate for election in a primary or general election or about a proposition to be submitted to the voters.
(C)(2)(d) 2 If the communication utilizes deep fake technologyDeep fake technology"Deep fake technology" means the use of manipulated images or audio or visual depictions that appear to be genuine.R.S. 18:1463(F)(2), artificial intelligence, or similar tools to create, alter, or otherwise manipulate media in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness to emulate a candidate, an agent or employee of a candidate, or other person, it shall state that the communication contains these elements so that it is clear and understandable before the audio or visual image is presented.
Subsection (C)(1) expands the existing prohibition on distributing false statements about candidates to also cover false depictions and representations — broadening coverage beyond textual falsehoods to encompass AI-generated visual and audio fabrications. Subsection (C)(2)(d) creates the bill's core new obligation: any electioneering communication that uses deep fake technology, artificial intelligence, or similar tools to emulate a candidate, their agent or employee, or another person must include a clear and understandable disclosure before the audio or visual image is presented. The trigger is a reasonable-observer standard — the technology must create media that would falsely appear authentic.
(E)(5)(b) For purposes of this Subsection, a media entity includes a radio broadcast station, television broadcast station, cable or satellite television company, or other video service provider, streaming video provider, newspaper company, periodical company, billboard company, advertisement agency, or media platform responsible for the production or publication of any advertisement, voice, data, or other communications, information services, or internet access provider, or bona fide news or public interest website operator, or a provider of an interactive computer service, as defined in 47 U.S.C. 230(f), or a provider of telecommunications or information service, as defined in 47 U.S.C. 153, or an interactive computer service, internet service provider, internet website, or e-commerce service.
Subsection (E)(5)(b) expands the definition of media entity for purposes of the existing media-entity safe harbor to include providers of interactive computer services (as defined in 47 U.S.C. § 230(f)), providers of telecommunications or information services (as defined in 47 U.S.C. § 153), internet service providers, internet websites, and e-commerce services. This broadens the existing intermediary safe harbor to cover internet-era platforms and service providers, consistent with the new safe harbors in subsections (I) and (J).
(F)(1) "Digital materialDigital material"Digital material" means any material or communication that, for a fee, is placed or promoted on a public-facing website, web application, or digital application, including a social network, advertising network, or search engine.R.S. 18:1463(F)(1)" means any material or communication that, for a fee, is placed or promoted on a public-facing website, web application, or digital application, including a social network, advertising network, or search engine.
(F)(2) "Deep fake technologyDeep fake technology"Deep fake technology" means the use of manipulated images or audio or visual depictions that appear to be genuine.R.S. 18:1463(F)(2)" means the use of manipulated images or audio or visual depictions that appear to be genuine.
Subsection (F) was previously a single definition of digital material. SB 97 restructures it into a definitions subsection containing both the existing digital material definition and a new definition of deep fake technology — the use of manipulated images or audio or visual depictions that appear to be genuine. This definition is notably broad, encompassing any manipulated media that appears genuine, not limited to AI-generated content.
(H) This Section shall not restrict the ability of a person to preserve the integrity or security of systems or to detect, prevent, respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity, or to investigate, report, or prosecute those responsible for any of these actions.
Subsection (H) is a carve-out providing that nothing in the section restricts the ability of a person to preserve system integrity or security, or to detect, prevent, respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity. This is a savings clause that creates no new compliance obligation.
(I) No provider of an interactive computer service, as defined in 47 U.S.C. 230(f), or a provider of a telecommunications or an information service, as defined in 47 U.S.C. 153, or its affiliates or subsidiaries, shall be held to have violated the provisions of this Section, or be subject to any civil action, solely for providing access or connection to or from a website or other information or content on the internet, or a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing such access or connection, to the extent it is not responsible for the creation of the material or communication that constitutes a violation under this Section.
Subsection (I) provides a safe harbor for providers of interactive computer services (as defined in 47 U.S.C. § 230(f)) and providers of telecommunications or information services (as defined in 47 U.S.C. § 153), shielding them from liability under the section when they merely provide access or connection to content they did not create. This tracks federal Section 230 principles and ensures that internet platforms and telecom carriers are not held responsible for user-generated deep fake political content that passes through their systems.
(J) Nothing in this Section shall be construed to impose liability on a radio broadcast station, television broadcast station, cable or satellite television company, or other video service provider, streaming video provider, newspaper company, periodical company, billboard company, advertisement agency, or media platform responsible for the production or publication of any advertisement, voice, data, or other communications, information services, or internet access provider, or bona fide news or public interest website operator, or any affiliates or subsidiaries thereof, to the extent it is not responsible for the creation of the material or communication that constitutes a violation under this Section.
Subsection (J) is a parallel safe harbor for traditional media entities — broadcast stations, cable companies, streaming providers, newspapers, billboard companies, advertisement agencies, and similar entities — shielding them from liability to the extent they are not responsible for creating the violative material. This is a savings clause and creates no new compliance obligation.
(K) The provisions of this Section shall not apply to any material that constitutes a work of political commentary, criticism, satire, or parody and that includes context and a disclosure sufficient to cause a reasonable person to understand that the material is not a factual or actual representation of a candidate.
Subsection (K) exempts from the section any material that constitutes a work of political commentary, criticism, satire, or parody, provided the material includes context and a disclosure sufficient to cause a reasonable person to understand that it is not a factual or actual representation of a candidate. This is a two-part test: the material must be satirical or parodic in nature, and it must include its own disclosure of that fact. This exception narrows the scope of the deep fake disclosure obligation in subsection (C)(2)(d).