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) IN THIS SECTION, "SYNTHETIC MEDIASynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false image, audio recording, or video recording that: (1) depicts a real individual, the individual's speech, or the individual's conduct; or (2) produces a fundamentally different understanding or impression of an individual's appearance, speech, or conduct than a reasonable individual would have from the unaltered, original version of the image, audio recording, or video recording.Elec. Law § 13-401.2(A)" MEANS AN IMAGE, AN AUDIO RECORDING, OR A VIDEO RECORDING THAT HAS BEEN INTENTIONALLY MANIPULATED WITH THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE OR OTHER DIGITAL TECHNOLOGY TO CREATE A REALISTIC BUT FALSE IMAGE, AUDIO RECORDING, OR VIDEO RECORDING THAT: (1) DEPICTS A REAL INDIVIDUAL, THE INDIVIDUAL'S SPEECH, OR THE INDIVIDUAL'S CONDUCT; OR (2) PRODUCES A FUNDAMENTALLY DIFFERENT UNDERSTANDING OR IMPRESSION OF AN INDIVIDUAL'S APPEARANCE, SPEECH, OR CONDUCT THAN A REASONABLE INDIVIDUAL WOULD HAVE FROM THE UNALTERED, ORIGINAL VERSION OF THE IMAGE, AUDIO RECORDING, OR VIDEO RECORDING.
(B) THIS SECTION APPLIES TO A CANDIDATE, A CAMPAIGN FINANCE ENTITY, A PERSON REQUIRED TO REGISTER UNDER § 13–306, § 13–307, OR § 13–309.2 OF THIS TITLE, OR AN AGENT OF A CANDIDATE, CAMPAIGN FINANCE ENTITY, OR PERSON REQUIRED TO REGISTER UNDER § 13–306, § 13–307, OR § 13–309.2 OF THIS TITLE.
(C) 1 IN ADDITION TO THE REQUIREMENTS UNDER §§ 13–401 AND 13–403 OF THIS SUBTITLE, A PERSON SUBJECT TO THIS SECTION THAT PUBLISHES, DISTRIBUTES, OR DISSEMINATES, OR CAUSES TO BE PUBLISHED, DISTRIBUTED, OR DISSEMINATED, TO A PERSON IN THE STATE CAMPAIGN MATERIAL THAT IS PRODUCED USING OR CONTAINS SYNTHETIC MEDIASynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false image, audio recording, or video recording that: (1) depicts a real individual, the individual's speech, or the individual's conduct; or (2) produces a fundamentally different understanding or impression of an individual's appearance, speech, or conduct than a reasonable individual would have from the unaltered, original version of the image, audio recording, or video recording.Elec. Law § 13-401.2(A) SHALL INCLUDE THE DISCLOSURE REQUIRED UNDER SUBSECTION (D) OF THIS SECTION.
(D)(1) 1 FOR A STILL IMAGE, THE DISCLOSURE SHALL INCLUDE THE STATEMENT "THIS IMAGE HAS BEEN ALTERED OR MODIFIED THROUGH THE USE OF COMPUTER PROGRAMS TO DISPLAY AN EVENT OR IMAGE THAT DID NOT OCCUR.". (II) THE STATEMENT REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE WRITTEN IN A TYPE SIZE THAT IS: 1. EASILY READABLE BY THE AVERAGE VIEWER; AND 2. NOT SMALLER THAN THE LARGEST TYPE SIZE OF OTHER TEXT APPEARING ON THE STILL IMAGE.
(D)(2) 1 FOR MEDIA THAT IS ONLY AN AUDIO RECORDING, THE DISCLOSURE SHALL INCLUDE THE STATEMENT "THIS AUDIO HAS BEEN ALTERED OR MODIFIED THROUGH THE USE OF COMPUTER PROGRAMS TO DISPLAY A SOUND THAT DID NOT OCCUR.". (II) THE STATEMENT REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE READ: 1. IN A CLEARLY SPOKEN MANNER AT A PITCH AND SPEED THAT CAN EASILY BE HEARD BY THE AVERAGE LISTENER; AND 2. A. AT THE BEGINNING OF THE AUDIO RECORDING; B. AT THE END OF THE AUDIO RECORDING; AND C. FOR AUDIO RECORDINGS OF 2 MINUTES DURATION OR LONGER, INTERSPERSED THROUGHOUT AT INTERVALS OF NOT MORE THAN 2 MINUTES.
(D)(3) 1 FOR A VIDEO RECORDING, THE DISCLOSURE SHALL INCLUDE THE STATEMENT "THIS VIDEO HAS BEEN ALTERED OR MODIFIED THROUGH THE USE OF COMPUTER PROGRAMS TO DISPLAY AN EVENT, A SOUND, OR AN IMAGE THAT DID NOT OCCUR.". (II) THE STATEMENT REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE WRITTEN IN: 1. TEXT THAT REMAINS VISIBLE TO THE VIEWER FOR THE DURATION OF THE VIDEO RECORDING; AND 2. A TYPE SIZE THAT IS EASILY READABLE TO THE AVERAGE VIEWER AND PLACED IN A CONSPICUOUS LOCATION IN THE FRAME OF THE VIDEO.
This new section creates Maryland's first disclosure obligation for synthetic media in campaign materials. It defines synthetic media as AI-generated or digitally manipulated images, audio, or video that falsely depict a real individual or produce a fundamentally different impression than the original. The obligation applies to candidates, campaign finance entities, persons required to register under Maryland's lobbying and political committee statutes, and their agents.
The core duty requires any covered person who publishes, distributes, or disseminates campaign material containing synthetic media to include a prescribed disclosure statement. The bill specifies distinct verbatim disclosure language and presentation requirements for each of three media types: still images must carry a visible text statement at least as large as the largest other text; audio recordings must include a spoken statement at the beginning, end, and at two-minute intervals; and video recordings must display a persistent on-screen text statement throughout playback.
(a)(9)(III) 2 PUBLISH, DISTRIBUTE, OR DISSEMINATE, OR CAUSE TO BE PUBLISHED, DISTRIBUTED, OR DISSEMINATED, CAMPAIGN MATERIAL THAT VIOLATES § 13–401.2 OF THIS TITLE.
(b) A person who violates this section is guilty of a misdemeanor and on conviction is: (1) subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both; and (2) ineligible to hold any public or party office for 4 years after the date of the offense.
(c) The State Prosecutor may prosecute, in any jurisdiction of the State, a person that the State Prosecutor believes to be guilty of a willful violation of this section. (2) A State's Attorney may prosecute a person that the State's Attorney believes to be guilty of a willful violation of this section in the county in which the State's Attorney serves.
Section 13-602 is the existing Maryland election law penalty and enforcement section, amended here only to add a new subsection (a)(9)(III) cross-referencing the new § 13-401.2 synthetic media disclosure requirement. The amendment ensures that publishing, distributing, or disseminating campaign material that violates the new synthetic media disclosure requirement is subject to the same criminal penalty structure as other campaign material violations — misdemeanor conviction carrying up to $1,000 fine, up to 1 year imprisonment, and 4-year ineligibility for public or party office. Enforcement authority lies with the State Prosecutor (statewide) and county State's Attorneys.