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.
(a)(6)(A) 1 Such communication, when in audio form, if considered a deepfakeDeepfakeAs defined in § 39-17-1902 (cross-referenced; definition not restated in this act).Tenn. Code Ann. § 39-17-1902 as defined in § 39-17-1902 and impersonating a candidate for elected office engaging in speech in which the candidate did not in fact engage, shall clearly state at the beginning and at the end of the communication: This communication contains fake content impersonating speech that did not occur.
(a)(6)(B) 2 Such communication, when in video form, if considered a deepfakeDeepfakeAs defined in § 39-17-1902 (cross-referenced; definition not restated in this act).Tenn. Code Ann. § 39-17-1902 as defined in § 39-17-1902 and depicting a candidate for elected office engaging in action or speech in which the depicted candidate did not in fact engage, shall clearly state in large letters for the duration of the video: (i) If the communication includes only video media: This communication contains fake content depicting actions that did not occur. (ii) If the communication includes both audio and video media of a candidate engaging in action or speech in which the candidate did not engage: This communication contains fake content depicting actions and speech that did not occur.
(a)(6)(C) When the impersonated or depicted candidate is not an incumbent office holder, subdivisions (a)(6)(A) and (a)(6)(B) apply only if the communication is distributed within one hundred twenty (120) days of the initiation of voting in an election in which the candidate for elected office appears on the ballot.
(a)(6)(D) A person or entity that is a host, third-party producer, or internet service provider, including its affiliates or subsidiaries, or that operates a search engine or a cloud service provider, is not liable under this subdivision (a)(6) solely for providing access or connection to or from a website or other information or content on the internet, nor is a facility, system, or network not under the control of the internet service provider liable under this subdivision (a)(6), including from transmission, downloading, intermediate storage, or access software, to the extent such provider is not responsible for the creation of the deceptive and fraudulent deepfakeDeepfakeAs defined in § 39-17-1902 (cross-referenced; definition not restated in this act).Tenn. Code Ann. § 39-17-1902. (2) This subdivision (a)(6) does not apply to a radio or television broadcasting station, cable or satellite television operator, streaming or other programming service when it is paid to broadcast material containing a deepfakeDeepfakeAs defined in § 39-17-1902 (cross-referenced; definition not restated in this act).Tenn. Code Ann. § 39-17-1902, to the extent such entity is not responsible for the creation of the deceptive and fraudulent deepfakeDeepfakeAs defined in § 39-17-1902 (cross-referenced; definition not restated in this act).Tenn. Code Ann. § 39-17-1902.
(a)(6)(E) An impersonated or depicted candidate for elected office who is the subject of a deepfakeDeepfakeAs defined in § 39-17-1902 (cross-referenced; definition not restated in this act).Tenn. Code Ann. § 39-17-1902 communication as described in this subdivision (a)(6) is entitled to damages and equitable relief as provided for in § 39-17-1904, with the exception of § 39-17-1904(c).
This section adds a new subdivision to Tennessee's existing political advertising disclosure statute, requiring mandatory disclaimers on political communications that use deepfakes to impersonate candidates for elected office. The disclosure obligation is format-specific: audio deepfakes require a spoken disclaimer at both the beginning and end of the communication; video deepfakes require a persistent on-screen text disclaimer in large letters for the video's full duration, with the specific language varying depending on whether the deepfake includes audio, video, or both.
For non-incumbent candidates, the disclosure requirement is temporally limited — it applies only when the communication is distributed within 120 days of the initiation of voting in the relevant election. Incumbent officeholders receive broader protection with no temporal limitation. Safe harbors shield intermediary platforms, ISPs, search engines, cloud providers, and broadcast stations from liability when they did not create the deepfake. The impersonated candidate has a private right of action for damages and equitable relief under the existing deepfake remedies statute (§ 39-17-1904).
This act takes effect July 1, 2026, the public welfare requiring it.
This section establishes that the act takes effect July 1, 2026.