WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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 created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A)" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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)(1) This section applies only to a candidate or an agent of a candidate, a campaign finance entity or an agent of a campaign finance entity, or a person required to register under § 13–306, § 13–307, or § 13–309.2 of this title or an agent of a person required to register under § 13–306, § 13–307, or § 13–309.2 of this title.
(B)(2) This section does not apply to: (I) a news story, a commentary, or an editorial disseminated by a broadcasting station, including a cable television operator, programmer, or producer, or satellite television or radio provider, website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, that is not controlled by a candidate or political party; or (II) synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A) that is satire or parody.
Subsection (A) defines synthetic media as AI-generated or digitally manipulated images, audio, or video that attempts to influence voting by purporting to depict a clearly identified candidate or by producing a fundamentally different understanding of an individual's appearance, speech, or conduct compared to the original. Subsection (B)(1) limits the section's applicability to candidates and their agents, campaign finance entities, and persons required to register under §§ 13–306, 13–307, or 13–309.2 (lobbyist and political committee registrants). Subsection (B)(2) carves out news media entities that either label synthetic media during bona fide news coverage or make good-faith efforts to verify content they are paid to broadcast, periodicals that clearly state the media does not accurately represent the subject, and satire or parody.
(C)(1)–(2) 1 A person that publishes, distributes, or disseminates synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A), or causes synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A) to be published, distributed, or disseminated shall: (1) publish the original content that was manipulated to generate the synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A) on the website of the person; and (2) in addition to the requirements of §§ 13–401 and 13–403 of this subtitle, make the disclosure required under subsection (D) of this section.
Subsection (C) imposes two affirmative obligations on persons who publish, distribute, or disseminate synthetic media before an election. First, the person must publish the original, unaltered content that was manipulated to generate the synthetic media on the person's website. Second, the person must make the format-specific disclosure required under subsection (D). These obligations apply in addition to the existing campaign material disclosure requirements of §§ 13–401 and 13–403.
(D)(1) 2 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 in reality.". (II) The statement required under subparagraph (I) of this paragraph shall be written in a type size that is easily readable by the average viewer.
(D)(2) 3 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 in reality.". (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) 4 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 in reality.". (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.
Subsection (D) prescribes verbatim disclosure statements and formatting requirements for each media type. For still images, the prescribed statement must be written in a type size easily readable by the average viewer. For audio-only recordings, the statement must be read clearly at the beginning and end, and every two minutes for recordings of two minutes or longer. For video recordings, the statement must appear as persistent visible text in a conspicuous location for the entire duration. Each format has a distinct prescribed disclosure phrase identifying the content as altered through computer programs.
(E) The State Board may: (1) adopt regulations that establish procedures to: (I) label synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A) related to elections; and (II) remove synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A) related to elections that are published, distributed, or disseminated, or are caused to be published, distributed, or disseminated, by a foreign person; and (2) seek to enjoin the publication, distribution, or dissemination of synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording that has been intentionally created or 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 attempts to influence the casting of a vote or a decision to vote by: (1) purporting to depict a clearly identified candidate or the speech or conduct of the candidate; or (2) producing 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.Md. Code, Elec. Law § 13–401.2(A) related to elections by a person who violates the requirements of this section.
Subsection (E) grants the State Board of Elections permissive authority to adopt regulations establishing procedures to label and remove election-related synthetic media, and to seek injunctive relief against persons who violate the section's requirements. This is an enabling provision for the regulator rather than an obligation on covered persons.
(a)(9)(III) 5 A person may not publish, distribute, or disseminate, or cause to be published, distributed, or disseminated, campaign material in violation of § 13–401.2(C) of this title.
(b)(1)–(2) 5 Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is: (I) subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both; and (II) ineligible to hold any public or party office for 4 years after the date of the offense. (2) A person who violates subsection (a)(9)(III) of this section is subject to a civil penalty of: (I) for a repeat violation within 5 years of a prior violation, $10,000; (II) for a violation with the intent to cause violence or bodily harm, $5,000; and (III) for any other violation, $1,000.
Section 13–602 is amended to add publishing, distributing, or disseminating campaign material in violation of § 13–401.2(C) to the list of prohibited acts. Unlike other § 13–602 violations that carry misdemeanor penalties, violations of the new synthetic media provision carry tiered civil penalties: $1,000 for a standard violation, $5,000 for a violation with intent to cause violence or bodily harm, and $10,000 for a repeat violation within five years. The existing misdemeanor penalties (fine up to $1,000 and/or imprisonment up to one year, plus four-year ineligibility for public or party office) continue to apply to all other § 13–602 violations.