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.
(1) As used in this section, "artificial intelligenceArtificial intelligence"artificial intelligence" has the same meaning as in 15 U.S.C. Section 9401(3).§ 537.041(1)" has the same meaning as in 15 U.S.C. Section 9401(3).
(2) 1 Any image, video, or audio that is generated or modified using artificial intelligenceArtificial intelligence"artificial intelligence" has the same meaning as in 15 U.S.C. Section 9401(3).§ 537.041(1) may contain a mark or statement that is visible or audible to users that the image, video, or audio is generated or modified using artificial intelligenceArtificial intelligence"artificial intelligence" has the same meaning as in 15 U.S.C. Section 9401(3).§ 537.041(1). Such mark or statement shall be developed by the secretary of state, and such mark or statement may be used by all persons or entities publishing or disseminating any image, video, or audio generated or modified using artificial intelligenceArtificial intelligence"artificial intelligence" has the same meaning as in 15 U.S.C. Section 9401(3).§ 537.041(1).
(3) 2 If a publisher or disseminator of an image, video, or audio that is generated or modified using artificial intelligenceArtificial intelligence"artificial intelligence" has the same meaning as in 15 U.S.C. Section 9401(3).§ 537.041(1) does not place a mark or statement on such image, video, or audio indicating that the image, video, or audio was generated or modified using artificial intelligenceArtificial intelligence"artificial intelligence" has the same meaning as in 15 U.S.C. Section 9401(3).§ 537.041(1) and a person suffers an injury as a result of such image, video, or audio, the injured person shall have standing to bring a cause of action against the publisher or disseminator of the image, video, or audio for damages.
(4) The provisions of this section shall not apply to any image, video, or audio that was generated or modified using artificial intelligenceArtificial intelligence"artificial intelligence" has the same meaning as in 15 U.S.C. Section 9401(3).§ 537.041(1) prior to August 28, 2026.
Section 537.041 creates a two-part framework: a voluntary labeling standard for AI-generated or AI-modified images, video, and audio, and a private cause of action triggered when a publisher or disseminator fails to apply the label and a person is injured as a result. The Secretary of State is directed to develop the mark or statement, which any person or entity may use when publishing or disseminating AI-generated content.
Although the labeling language is permissive — content may contain the mark — subsection 3 creates tort liability for publishers or disseminators who do not label and whose unlabeled content causes injury, effectively incentivizing adoption. The bill applies prospectively only, exempting any content generated or modified before August 28, 2026.