49-1403 For purposes of the Nebraska Political Accountability and Disclosure Act, unless the context otherwise requires, the definitions found in sections 49-1404 to 49-1444 and sections 3 to 6 of this act shall be used.

Artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3 means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.

Depicted individualDepicted individualDepicted individual means an individual who is falsely represented in a materially deceptive media.Sec. 4 means an individual who is falsely represented in a materially deceptive mediaMaterially deceptive mediaMaterially deceptive media means any image, audio, or video that meets both of the following requirements: (1) Falsely depicts an individual engaging in speech or conduct with knowledge that the depiction is false or with reckless disregard as to whether the depiction is false or not; and (2) Was produced by artificial intelligence.Sec. 5.

Materially deceptive mediaMaterially deceptive mediaMaterially deceptive media means any image, audio, or video that meets both of the following requirements: (1) Falsely depicts an individual engaging in speech or conduct with knowledge that the depiction is false or with reckless disregard as to whether the depiction is false or not; and (2) Was produced by artificial intelligence.Sec. 5 means any image, audio, or video that meets both of the following requirements: (1) Falsely depicts an individual engaging in speech or conduct with knowledge that the depiction is false or with reckless disregard as to whether the depiction is false or not; and (2) Was produced by artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3.

Qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3.

(1) 1 If a person creates, originally publishes, or originally distributes a qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6, the qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 shall include, in a clear and conspicuous manner, a statement that meets all of the following requirements, as applicable: (a) State that the qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 was generated in whole or substantially by artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3; (b) If the qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 is a graphic communication, appear in letters at least as large as the majority of the text in the graphic communication and be in the same language as the language used in the graphic communication; (c) If the qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 is an audio communication, be spoken in a clearly audible and intelligible manner at the beginning or end of the communication, last at least three seconds, and be in the same language as the language used in the audio communication; and (d) If the qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 is a video communication that also includes audio, do all of the following: (i) Appear for at least four seconds in letters at least as large as the majority of any text communication or, if there is no other text communication, in a size that is easily readable by the average viewer; (ii) Be spoken in a clearly audible and intelligible manner at the beginning or end of the communication and last at least three seconds; and (iii) Be in the same language as the language used in the video communication.

(2) 1 Each qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 that is distributed or aired to the public that violates this section constitutes a separate violation of subsection (1) of this section.

(3) This section does not apply to any of the following: (a) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts a qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 or a communication generated in whole or substantially by artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3 as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that the qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 or communication generated in whole or substantially by artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3 does not accurately represent the speech or conduct of the depicted individualDepicted individualDepicted individual means an individual who is falsely represented in a materially deceptive media.Sec. 4; (b) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, if the station is paid to broadcast qualified political advertisementsQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6; (c) A distribution platform, including, but not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest and that publishes qualified political advertisementsQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 prohibited under this section, if the distribution platform has a clearly stated written policy, provided to any person that creates, seeks to publish, or originally distributes a qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6, that the qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 is required to include a statement consistent with subsection (1) of this section; (d) A qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 that constitutes satire or parody; or (e) A business regulated by the Public Service Commission or the Federal Communications Commission.

(5) A distribution platform, as described in subdivision (3)(c) of this section, is not liable for the lack of disclosure regarding content created in whole or substantially by artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3 in a qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 or prerecorded telephone message if the distribution platform can show that the distribution platform provided notice of its prohibitions related to a lack of disclosure of content created in whole or substantially by artificial intelligenceArtificial intelligenceArtificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that uses machine-based and human-based inputs to do all of the following: (1) Perceive real and virtual environments; (2) Abstract such perceptions into models through analysis in an automated manner; and (3) Use model inference to formulate options for information or action.Sec. 3 in a qualified political advertisementQualified political advertisementQualified political advertisement means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, that relates to a candidate for state or local office in this state, an election for state or local office in this state, or a ballot question in this state and that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.Sec. 6 or prerecorded telephone message.

(1) 2 Except as otherwise provided in subsection (2) of this section, a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive mediaMaterially deceptive mediaMaterially deceptive media means any image, audio, or video that meets both of the following requirements: (1) Falsely depicts an individual engaging in speech or conduct with knowledge that the depiction is false or with reckless disregard as to whether the depiction is false or not; and (2) Was produced by artificial intelligence.Sec. 5 if all of the following apply: (a) The person knows the media falsely represents a depicted individualDepicted individualDepicted individual means an individual who is falsely represented in a materially deceptive media.Sec. 4; (b) The distribution occurs within ninety days before an election; (c) The person intends the distribution to harm the reputation or electoral prospects of a candidate in an election, and the distribution is reasonably likely to cause such result; and (d) The person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individualDepicted individualDepicted individual means an individual who is falsely represented in a materially deceptive media.Sec. 4 in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause such result.

(2) 2 The prohibition in subsection (1) of this section does not apply if all of the following conditions are met: (a) The media includes a disclaimer informing the viewer that the media has been manipulated by technical means and depicts speech or conduct that did not occur. The following disclaimer is sufficient, but not necessary, to satisfy the requirement under this subdivision: This .......... (image, audio, or video) has been manipulated by technical means and depicts speech or conduct that did not occur.; (b) If the media is a video, the disclaimer meets all of the following requirements: (i) Appears throughout the entirety of the video; (ii) Is clearly visible to and readable by an observer; (iii) Is in letters at least as large as the majority of any text communication or, if there is no other text communication, in a size that is easily readable by the average viewer; and (iv) Is in the same language as the language used in the video media; (c) If the media consists only of audio and contains no image or video, the disclaimer is read at the beginning and end of the media in a clearly spoken manner, in a pitch that can be easily heard by the average listener, and in the same language as the audio media; (d) If the media is an image, the disclaimer meets all of the following requirements: (i) Is clearly visible to and readable by the average viewer; (ii) If the media contains other text, is in letters at least as large as the majority of the other text; and (iii) Is in the same language as the language used in the image media; and (e) If the media was generated by editing an existing image, audio, or video, the media includes a citation directing the viewer or listener to the original source from which the unedited version of the existing image, audio, or video was obtained.

(3) Except as provided in subsection (5) of this section, the Attorney General, a depicted individualDepicted individualDepicted individual means an individual who is falsely represented in a materially deceptive media.Sec. 4, a candidate for office who has been injured or is likely to be injured by the distribution of materially deceptive mediaMaterially deceptive mediaMaterially deceptive media means any image, audio, or video that meets both of the following requirements: (1) Falsely depicts an individual engaging in speech or conduct with knowledge that the depiction is false or with reckless disregard as to whether the depiction is false or not; and (2) Was produced by artificial intelligence.Sec. 5, or any organization that represents the interests of voters likely to be deceived by the distribution of materially deceptive mediaMaterially deceptive mediaMaterially deceptive media means any image, audio, or video that meets both of the following requirements: (1) Falsely depicts an individual engaging in speech or conduct with knowledge that the depiction is false or with reckless disregard as to whether the depiction is false or not; and (2) Was produced by artificial intelligence.Sec. 5 may seek injunctive relief against a person that violates this section by filing a civil action in any of the following courts: (a) The district court in the county in which a party to the alleged violation resides; or (b) The district court in the county in which the materially deceptive mediaMaterially deceptive mediaMaterially deceptive media means any image, audio, or video that meets both of the following requirements: (1) Falsely depicts an individual engaging in speech or conduct with knowledge that the depiction is false or with reckless disregard as to whether the depiction is false or not; and (2) Was produced by artificial intelligence.Sec. 5 at issue could deceive and influence electors in an upcoming election.

(4) A plaintiff seeking injunctive relief under subsection (3) of this section shall prove by clear and convincing evidence that the defendant against whom the injunction is sought knew the media at issue falsely represents the depicted individualDepicted individualDepicted individual means an individual who is falsely represented in a materially deceptive media.Sec. 4. Upon filing the cause of action, the court shall make a determination as to whether the action filed is frivolous. If the court determines that the action filed is frivolous, the court shall issue an order suspending the defendant's obligation to answer and shall order the plaintiff to show cause why the action filed should not be dismissed. If the plaintiff fails to respond to the court or the plaintiff's response to the court confirms that the action filed is frivolous, the court shall dismiss the action. If the plaintiff's response to the court assures the court that the action filed is not frivolous, the court shall direct the defendant to answer. If the court finds that an action filed for injunctive relief is frivolous, in addition to dismissing the action, the court may award costs and attorney's fees to the defendant and may issue any appropriate sanctions as permitted under court rules or the court's inherent authority against the plaintiff and the plaintiff's attorney. If a plaintiff, other than the Attorney General, is awarded injunctive relief under this section, the court may award costs and attorney's fees to the plaintiff.

(5) A plaintiff may seek permanent injunctive relief but not preliminary or temporary injunctive relief in an action filed pursuant to subsection (3) of this section.

Original section 49-1403, Reissue Revised Statutes of Nebraska, and section 49-1401, Revised Statutes Cumulative Supplement, 2022, are repealed.