North Carolina · House Bill · 2023 Session
HB1072
North Carolina House Bill 1072 — An Act to Require Disclaimer in Political Advertisements Using Artificial Intelligence (A.I.)

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Criminal enforcement. Failure to include the required disclaimer is a Class 1 misdemeanor. No designated civil enforcement agency or private right of action is created by this bill.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Class 1 misdemeanor criminal penalty. No civil damages, injunctive relief, or attorney fees are specified. Under North Carolina law, a Class 1 misdemeanor is punishable by up to 120 days' imprisonment and discretionary fines.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
G.S. § 75-104(b)
Robocall exception conditioned on AI disclaimer compliance
Publisher

(b)(1)(a)(2) 1 A political party or political candidate and the call satisfies the requirements of G.S. 163-278.18A.

Section 1 amends the existing robocall statute to condition the exemption for political parties and political candidates on compliance with the new AI disclaimer requirements in G.S. 163-278.18A. Previously, political parties and candidates could use automatic dialing and recorded message players without additional constraints beyond general caller-identification requirements. Under the amendment, the call must also satisfy the disclaimer requirements of the new section if AI is used.

Compliance actions 1 item
1
Political parties and political candidates using automatic dialing and recorded message players must satisfy the AI disclaimer requirements of G.S. 163-278.18A as a condition of the robocall exemption.
CP-01.6
G.S. § 163-278.18A
Require disclaimer for use of artificial intelligence in political advertisements
Publisher

(a) For purposes of this section, the following definitions shall apply: (1) Artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1). – The capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1). (2) Political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2). – An advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.

(b) 2 If a political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) is created in whole or in part by using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1), the political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) shall comply with the disclosure requirements under G.S. 163-278.39 and the requirements of this section. The disclaimer shall bear in its legend or include the statement: "This advertisement was created using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1)."

(c) 3 When a political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1) is transmitted by a social media platform, the disclosure statement shall comply with the size requirements provided in G.S. 163-278.39(b). When a political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1) is transmitted through automated calling, the disclosure statement shall last at least two seconds, provided the statement is spoken so that its contents may be easily understood.

(d) 4 Any candidate, candidate campaign committee, political party organization, political action committee, referendum committee, individual, or other sponsor using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1) in a political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) that fails to include the disclaimer required by this section is guilty of a Class 1 misdemeanor.

This section creates the bill's core obligation: any political advertisement created in whole or in part using artificial intelligence must include a specified disclaimer stating that the advertisement was created using AI. The disclaimer must comply with existing North Carolina political ad disclosure requirements under G.S. 163-278.39, and the section adds medium-specific formatting rules — size requirements for social media and a two-second spoken minimum for automated calls.

Subsection (d) establishes criminal enforcement: any candidate, campaign committee, political party organization, PAC, referendum committee, individual, or other sponsor who uses AI in a political advertisement and fails to include the required disclaimer is guilty of a Class 1 misdemeanor. The breadth of covered actors is notable — the provision reaches beyond formal campaign entities to any individual or sponsor.

Compliance actions 2 items
2
Any person who creates a political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) in whole or in part using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1) must include a disclaimer stating: This advertisement was created using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1).
CP-01.6
3
When a political advertisementPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) using AI is transmitted via social media, the disclaimer must comply with the size requirements of G.S. 163-278.39(b); when transmitted via automated calling, the disclaimer must be spoken clearly for at least two seconds.
CP-01.6
Section 3 (Effective Date)
Effective date and applicability

This act is effective when it becomes law and applies to political advertisementsPolitical advertisementAn advertisement as defined under G.S. 163-278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.G.S. § 163-278.18A(a)(2) using artificial intelligenceArtificial intelligenceThe capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.G.S. § 163-278.18A(a)(1) on or after that date.

The act takes effect upon becoming law and applies to political advertisements using artificial intelligence on or after that date. There is no delayed implementation period.

Passage Likelihood

Failed
Status Failed
Final action Ref To Com On Rules and Operations of the Senate

Legislative History

2024-05-22 Filed
2024-05-23 Passed 1st Reading
2024-05-23 Ref to the Com on Election Law and Campaign Finance Reform, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
2024-06-26 Serial Referral To Judiciary 2 Stricken
2024-06-26 Withdrawn From Com
2024-06-26 Re-ref Com On Rules, Calendar, and Operations of the House
2024-06-27 Reptd Fav
2024-06-27 Cal Pursuant Rule 36(b)
2024-06-27 Added to Calendar
2024-06-27 Passed 2nd Reading
2024-06-27 Passed 3rd Reading
2024-06-27 Special Message Sent To Senate
2024-06-27 Special Message Received From House
2024-06-27 Passed 1st Reading
2024-06-27 Ref To Com On Rules and Operations of the Senate

Entry Last Reviewed

2026-05-16
AI generated