Ohio · House Bill · 136th General Assembly Regular Session
HB362
Ohio H. B. No. 362 — To amend sections 3517.153, 3517.154, 3517.155, 3517.993, and 3599.40 and to enact section 3517.24 of the Revised Code to regulate the dissemination of deceptive and fraudulent synthetic media for the purpose of influencing the results of an election

Status ● Introduced Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Ohio Elections Commission enforces via complaint-driven administrative proceedings. Any person may file a complaint by affidavit. The commission may impose civil fines but may not refer section 3517.24 violations to a prosecutor. A person harmed by a violation also has a private civil cause of action for injunctive or other equitable relief.
Private Right of Action
Ohio Elections Commission enforces via complaint-driven administrative proceedings. Any person may file a complaint by affidavit. The commission may impose civil fines but may not refer section 3517.24 violations to a prosecutor. A person harmed by a violation also has a private civil cause of action for injunctive or other equitable relief.
Penalties
Civil penalties: up to $1,000 per violation; up to $5,000 if committed with intention to incite violence or bodily harm; up to $10,000 for a second or subsequent violation within five years. Private cause of action for injunctive or other equitable relief is available to any person harmed, in addition to any other statutory or common-law cause of action. No statutory damages, punitive damages, or attorney fees are specified for the private action.

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
Ohio Rev. Code § 3517.24(A)
Definitions — synthetic media and deceptive synthetic media

(A)(1) "Synthetic mediaSynthetic media"Synthetic media" means an image or an audio or video recording of a real individual's appearance, speech, or conduct that is realistic but false and that is created or intentionally manipulated using generative adversarial network techniques or other digital technology.Ohio Rev. Code § 3517.24(A)(1)" means an image or an audio or video recording of a real individual's appearance, speech, or conduct that is realistic but false and that is created or intentionally manipulated using generative adversarial network techniques or other digital technology.

(A)(2) "Deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2)" means synthetic mediaSynthetic media"Synthetic media" means an image or an audio or video recording of a real individual's appearance, speech, or conduct that is realistic but false and that is created or intentionally manipulated using generative adversarial network techniques or other digital technology.Ohio Rev. Code § 3517.24(A)(1) to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.

Division (A) establishes the two key definitions for the section. Synthetic media is defined broadly to cover any realistic but false image, audio, or video recording of a real individual created or manipulated using generative adversarial networks or other digital technology. Deceptive and fraudulent synthetic media narrows the scope to synthetic media that would lead a reasonable person to believe the depicted individual said or did something they did not, or that gives a fundamentally different impression than the original would.

Ohio Rev. Code § 3517.24(B)
Disclosure requirement for dissemination of deceptive synthetic media near elections
Publisher

(B) 1 Except as otherwise provided in division (C) of this section, during the period beginning ninety days before the day of an election and ending on the day of the election, no person shall recklessly disseminate deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) for the purpose of influencing the results of the election without disclosing that fact as follows: (1) In the case of an image, the image shall be accompanied by the following written statement: "This image has been manipulated or generated by artificial intelligence." The statement shall be in a font size that is easily readable by the average viewer. (2) In the case of an audio recording, the audio recording shall include the following statement, spoken in a clear manner at a pitch that is easily heard by the average listener: "This audio recording has been manipulated or generated by artificial intelligence." The statement shall be made at the beginning and end of the audio recording and, in the case of an audio recording that is more than four minutes long, at least every two minutes during the audio recording. (3) In the case of a video recording, the video recording shall include, for the entire duration of the video recording, the following written statement: "This video recording has been manipulated or generated by artificial intelligence." The statement shall be in a font size that is easily readable by the average viewer.

Division (B) creates the bill's core obligation: during the 90-day window before an election, no person may recklessly disseminate deceptive and fraudulent synthetic media for the purpose of influencing the election without including a prescribed disclosure. The required disclosure varies by medium — images require a written statement, audio recordings require a spoken statement repeated at the beginning, end, and every two minutes for recordings over four minutes, and video recordings require a written on-screen statement for the entire duration. Verbatim disclosure language is prescribed for each format. The mental-state threshold is recklessness, and the conduct must be purposeful election influence.

Compliance actions 1 item
1
Any person who disseminates deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) to influence an election during the 90 days before Election Day must include a prescribed AI-disclosure label: a written statement for images and video (displayed for the entire video duration), and a spoken statement for audio (at the beginning, end, and every two minutes for recordings over four minutes). Exemptions apply for bona fide news coverage with authenticity acknowledgment, paid broadcasts where the broadcaster made a good-faith authenticity determination or is legally required to air the content, news publications that clearly disclaim authenticity, and satire or parody.
CP-01.6
Ohio Rev. Code § 3517.24(C)
Exemptions — news broadcasts, publications, satire and parody

(C) Division (B) of this section does not apply to any of the following: (1) The dissemination of deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) by a radio or television broadcaster, including a cable or satellite television operator, programmer, or producer, when either of the following apply: (a) The dissemination is part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events and either of the following apply: (i) 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 there are questions about the authenticity of the deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2). (ii) The broadcaster is required by law to disseminate the deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) at the direction of a candidate. (b) The broadcaster is paid to disseminate the deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) and either of the following apply: (i) The broadcaster, after making a good faith effort, determines that the image or video or audio recording is not deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2). (ii) The broadcaster is required by law to disseminate the deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) at the direction of a candidate. (2) The dissemination of deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) on an internet web site or in 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, if the web site or periodical clearly states that the deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) does not accurately represent the depicted individual's appearance, speech, or conduct; (3) The dissemination of deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media to which either of the following apply: (a) It appears to a reasonable person to depict the individual making a statement the individual did not make or taking an action the individual did not take. (b) It gives a reasonable person a fundamentally different understanding or impression of the individual's appearance, speech, or conduct than an unaltered, original version of the image or audio or video recording would give the reasonable person.Ohio Rev. Code § 3517.24(A)(2) that constitutes satire or parody.

Division (C) carves out three categories from the disclosure requirement. First, radio or television broadcasters (including cable and satellite) are exempt when dissemination is part of bona fide news coverage that acknowledges inauthenticity, when the broadcaster is legally required to air the content at a candidate's direction, or when a paid broadcaster makes a good-faith determination the content is not synthetic. Second, internet websites and periodicals of general circulation are exempt if they clearly state the media does not accurately represent the depicted individual. Third, satire and parody are categorically exempt.

Ohio Rev. Code § 3517.24(D)
Civil penalties and private right of action

(D)(1) Whoever violates this section is subject to a civil penalty as follows: (a) Except as otherwise provided in divisions (D)(1)(b) and (c) of this section, a fine of not more than one thousand dollars; (b) Except as otherwise provided in division (D)(1)(c) of this section, if the violator commits the violation with the intention to incite violence or bodily harm, a fine of not more than five thousand dollars; (c) For a second or subsequent violation within a period of five years, a fine of not more than ten thousand dollars.

(D)(2) A person harmed by a violation of this section has and may commence a civil cause of action against the violator for injunctive or other equitable relief. The cause of action created by this division is in addition to any other cause of action available under statutory or common law.

Division (D) establishes a tiered civil-penalty structure and a private right of action. Base violations are subject to a fine of up to $1,000. Violations committed with intent to incite violence or bodily harm face fines up to $5,000. Second or subsequent violations within five years carry fines up to $10,000. Separately, any person harmed by a violation may bring a civil action for injunctive or other equitable relief, expressly in addition to any other statutory or common-law cause of action. Notably, the bill excludes section 3517.24 violations from criminal prosecution — amended section 3599.40 carves them out of the default misdemeanor penalty, and amended section 3517.155(D)(3) prohibits the commission from referring violations to a prosecutor.

Ohio Rev. Code § 3517.153
Ohio Elections Commission — complaint filing and jurisdiction

(C) No prosecution shall commence for a violation of a provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3517.24, 3599.03, or 3599.031 of the Revised Code unless a complaint has been filed with the commission under this section and all proceedings of the commission or a panel of the commission, as appropriate, under sections 3517.154 to 3517.157 of the Revised Code are completed.

(D) The commission may recommend legislation and render advisory opinions concerning sections 3517.08, 3517.082, 3517.092, 3517.102, 3517.105, 3517.1014, 3517.13, 3517.20 to 3517.22, 3517.24, 3599.03, and 3599.031 of the Revised Code for persons over whose acts it has or may have jurisdiction. When the commission renders an advisory opinion relating to a specific set of circumstances involving any of those sections stating that there is no violation of a provision in those sections, the person to whom the opinion is directed or a person who is similarly situated may reasonably rely on the opinion and is immune from criminal prosecution and a civil action, including, without limitation, a civil action for removal from public office or employment, based on facts and circumstances covered by the opinion.

This amended section integrates section 3517.24 into the Ohio Elections Commission's existing complaint-filing and jurisdictional framework. The amendments add section 3517.24 to the list of sections over which prosecution cannot commence without a prior commission complaint and completed proceedings, and add it to the list of sections on which the commission may render advisory opinions. No new AI-specific obligation is created; the changes are procedural integrations.

Ohio Rev. Code § 3517.154
Ohio Elections Commission — complaint review and expedited hearing procedures

(A)(2)(a) If the attorney determines that the complaint sets forth a violation of division (B) of section 3517.21 or, division (B) of section 3517.22, or section 3517.24 of the Revised Code and that the complaint is filed during one of the periods of time specified in division (B)(1) of section 3517.156 of the Revised Code, the complaint shall receive an automatic expedited hearing under section 3517.156 of the Revised Code.

(A)(2)(b) If the attorney determines that the complaint sets forth a failure to comply with or a violation of division (G), (I), (J), (O), (P), or (Q) of section 3517.13, division (A) of section 3517.21, or division (A) of section 3517.22, or section 3517.24 of the Revised Code and that the complaint is filed during one of the periods of time specified in division (B)(1) of section 3517.156 of the Revised Code, the attorney shall recommend to the commission that the complaint receive an expedited hearing under section 3517.156 of the Revised Code, and the complaint shall receive such a hearing.

This amended section adds section 3517.24 to the list of statutes triggering automatic or recommended expedited hearings before the Ohio Elections Commission when complaints are filed during pre-election periods. No new AI-specific obligation is created; the amendments integrate synthetic media complaints into the existing expedited hearing procedure.

Ohio Rev. Code § 3517.155
Ohio Elections Commission — hearing procedures and enforcement for section 3517.24 violations

(D)(3) If the commission finds a violation of section 3517.24 of the Revised Code, it may impose a fine under section 3517.993 of the Revised Code, but it shall not refer the matter to a prosecutor.

This amended section adds new division (D)(3), which specifies that when the commission finds a violation of section 3517.24, it may impose a fine under section 3517.993 but shall not refer the matter to a prosecutor. This is a significant departure from the default enforcement path for other election law violations and confirms that synthetic media disclosure violations are treated as civil-only offenses within the commission's jurisdiction.

Ohio Rev. Code § 3517.993
Fine authority — integration of section 3517.24

(A) Except as otherwise provided in division (D)(2) of section 3517.155 of the Revised Code, the Ohio elections commission may impose administrative fines under division (A)(1)(b) of section 3517.155 of the Revised Code in accordance with the amounts set forth under sections 3517.24, 3517.992, 3599.03, and 3599.031 of the Revised Code.

This amended section adds section 3517.24 to the list of statutes whose fine amounts the Ohio Elections Commission may impose. The commission's authority to suspend fines and the statutory factors it must consider when setting fine levels are unchanged. No new AI-specific obligation is created.

Ohio Rev. Code § 3599.40
Criminal penalty exclusion for section 3517.24 violations

Except as otherwise provided in section 3599.39 of the Revised Code and except for a violation of section 3517.24 of the Revised Code, whoever violates any provision of Title XXXV of the Revised Code, unless otherwise provided in such title, and whoever violates division (D) of section 9.03 of the Revised Code, is guilty of a misdemeanor of the first degree.

This amended section carves out violations of section 3517.24 from the default first-degree misdemeanor penalty that applies to other Title XXXV violations. This confirms the legislature's intent that synthetic media disclosure violations be enforced exclusively through civil penalties and equitable relief, not criminal prosecution.

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party No
Bipartisan No
Prior session None

Legislative History

2025-06-12 Introduced
2025-06-18 Referred to committee: General Government

Entry Last Reviewed

2026-05-20
AI generated