WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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) As used in this section: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve such performance when exposed to data sets; is developed in any context, including, but not limited to, software or physical hardware; that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; or that is designed to: (i) Think or act like a human, including, but not limited to, a cognitive architecture or neural network; or (ii) Act rationally, including, but not limited to, an intelligent software agent or embodied robot that may achieve goals using perception, planning, reasoning, learning, communication, decision-making, or action; and (B) A set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task.Tenn. Code Ann. § 47-18-1__ (a)(1)" means: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve such performance when exposed to data sets; is developed in any context, including, but not limited to, software or physical hardware; that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; or that is designed to: (i) Think or act like a human, including, but not limited to, a cognitive architecture or neural network; or (ii) Act rationally, including, but not limited to, an intelligent software agent or embodied robot that may achieve goals using perception, planning, reasoning, learning, communication, decision-making, or action; and (B) A set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task; and (2) "Synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence or other digital technology in a manner to create a realistic but false image, audio, or video that produces: (A) A depiction that to a reasonable individual is of a real individual in appearance, action, or speech that did not actually occur in reality; and (B) A fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.Tenn. Code Ann. § 47-18-1__ (a)(2)" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve such performance when exposed to data sets; is developed in any context, including, but not limited to, software or physical hardware; that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; or that is designed to: (i) Think or act like a human, including, but not limited to, a cognitive architecture or neural network; or (ii) Act rationally, including, but not limited to, an intelligent software agent or embodied robot that may achieve goals using perception, planning, reasoning, learning, communication, decision-making, or action; and (B) A set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task.Tenn. Code Ann. § 47-18-1__ (a)(1) or other digital technology in a manner to create a realistic but false image, audio, or video that produces: (A) A depiction that to a reasonable individual is of a real individual in appearance, action, or speech that did not actually occur in reality; and (B) A fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.
(b) 1 An individual whose appearance, action, or speech is altered through the use of synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence or other digital technology in a manner to create a realistic but false image, audio, or video that produces: (A) A depiction that to a reasonable individual is of a real individual in appearance, action, or speech that did not actually occur in reality; and (B) A fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.Tenn. Code Ann. § 47-18-1__ (a)(2) in a public communication that is knowingly distributed publicly with the intent to malign, slander, defame, or otherwise intentionally mislead the public and damage the reputation of the individual may seek injunctive relief and other general and special damages in accordance with this part against the individual or entity that published the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence or other digital technology in a manner to create a realistic but false image, audio, or video that produces: (A) A depiction that to a reasonable individual is of a real individual in appearance, action, or speech that did not actually occur in reality; and (B) A fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.Tenn. Code Ann. § 47-18-1__ (a)(2). A court may award a prevailing plaintiff reasonable attorneys' fees and costs.
(c) 2 It is an affirmative defense for any action brought under this section that the publication containing synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence or other digital technology in a manner to create a realistic but false image, audio, or video that produces: (A) A depiction that to a reasonable individual is of a real individual in appearance, action, or speech that did not actually occur in reality; and (B) A fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.Tenn. Code Ann. § 47-18-1__ (a)(2) includes a disclosure stating, "This (image/video/audio) has been manipulated with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve such performance when exposed to data sets; is developed in any context, including, but not limited to, software or physical hardware; that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; or that is designed to: (i) Think or act like a human, including, but not limited to, a cognitive architecture or neural network; or (ii) Act rationally, including, but not limited to, an intelligent software agent or embodied robot that may achieve goals using perception, planning, reasoning, learning, communication, decision-making, or action; and (B) A set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task.Tenn. Code Ann. § 47-18-1__ (a)(1) or another digital technology and is not an accurate representation of the (individual/event) depicted," in the following manner: (1) For visual media, the text of the disclosure must appear in size easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure must appear in a size that is easily readable by the average viewer. For visual media that is a video, the disclosure must appear for the duration of the video; or (2) If the media consists of audio only, the disclosure must be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than two (2) minutes in length, interspersed within the audio at intervals of not more than two (2) minutes each.
This new section added to Title 47, Chapter 18, Part 1 defines artificial intelligence and synthetic media, then creates a private right of action for individuals whose likeness is altered through synthetic media and publicly distributed with malicious or deceptive intent. The cause of action requires both knowing public distribution and a specific intent to malign, slander, defame, or intentionally mislead the public and damage the depicted individual's reputation.
The section also provides an affirmative defense when the publisher includes a prescribed disclosure statement identifying the content as AI-manipulated. The disclosure requirements are format-specific: visual media must display text at least as large as the largest other text present (and for video, for the full duration), while audio-only media must include the spoken disclosure at the beginning, end, and at intervals of no more than two minutes.
3 Altering and disseminating to the public an image, audio recording, or video recording that has been manipulated with synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence or other digital technology in a manner to create a realistic but false image, audio, or video that produces: (A) A depiction that to a reasonable individual is of a real individual in appearance, action, or speech that did not actually occur in reality; and (B) A fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.Tenn. Code Ann. § 47-18-1__ (a)(2), as defined in Section 1, in violation of Section 1;
Section 2 adds the conduct prohibited by Section 1 — altering and disseminating to the public media manipulated with synthetic media — as a new enumerated unfair or deceptive act or practice under Tennessee's Consumer Protection Act, Tenn. Code Ann. § 47-18-104(b). This integration subjects violators to the full enforcement apparatus of the TCPA, including enforcement by the Division of Consumer Affairs and the existing remedies available under the Consumer Protection Act.
This act takes effect July 1, 2024, the public welfare requiring it.
This section establishes the act's effective date as July 1, 2024, citing the public welfare as the basis for the effective date.