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.
This Act may be cited as the ''Protect Elections from Deceptive AI Act''.
Establishes the short title of the Act as the Protect Elections from Deceptive AI Act. No compliance obligations arise from this section.
(a)(1) The term 'covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125(a)(1)' means a candidate for Federal office.
(a)(2) The term 'deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2)' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.
(a)(3) The term 'Federal election activityFederal election activityThe term 'Federal election activity' has the meaning given the term in section 301(20)(A)(iii).52 U.S.C. § 30125(a)(3)' has the meaning given the term in section 301(20)(A)(iii).
Defines three key terms for the new Section 325: covered individual (limited to candidates for Federal office), deceptive AI-generated audio or visual media (AI-produced content that would mislead a reasonable person about the speech or conduct of the depicted individual), and Federal election activity (by cross-reference to existing FECA definitions). The definition of deceptive AI-generated media uses a reasonable-person standard that accounts for both the qualities of the media and the distribution channel.
(b) 1 Except as provided in subsection (c), a person, political committee, or other entity may not knowingly distribute materially deceptive AI-generated audio or visual media of a covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125(a)(1), or in carrying out a Federal election activityFederal election activityThe term 'Federal election activity' has the meaning given the term in section 301(20)(A)(iii).52 U.S.C. § 30125(a)(3), with the intent to— (1) influence an election; or (2) solicit funds.
This is the bill's core operative provision. It prohibits any person, political committee, or other entity from knowingly distributing materially deceptive AI-generated audio or visual media of a candidate for Federal office, or in carrying out a Federal election activity, with the intent to influence an election or solicit funds. The knowledge and intent elements are both required — mere negligent distribution or distribution without electoral intent would not violate the prohibition.
(c)(1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, or a streaming service that broadcasts materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2) prohibited by this section 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 there are questions about the authenticity of the materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2).
(c)(2) 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 materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2) prohibited under this section, if the publication clearly states that the materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2) does not accurately represent the speech or conduct of the covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125(a)(1).
(c)(3) Materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2) that constitutes satire or parody.
Carves out three categories from the prohibition: (1) broadcast and streaming outlets presenting the media as part of bona fide news coverage, provided they include a clear disclosure about the media's authenticity; (2) periodicals and internet publications that clearly state the media does not accurately represent the candidate's speech or conduct; and (3) satire or parody. The news and periodical exceptions are conditional on disclosure — the media outlet must affirmatively flag authenticity questions.
(d)(1) A covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125(a)(1) whose voice or likeness appears in, or who is the subject of, a materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2), including content distributed as part of a Federal election activityFederal election activityThe term 'Federal election activity' has the meaning given the term in section 301(20)(A)(iii).52 U.S.C. § 30125(a)(3), distributed in violation of this section may seek injunctive or other equitable relief prohibiting the distribution of materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2) in violation of this section. (B) An action under this paragraph shall be entitled to precedence in accordance with the Federal Rules of Civil Procedure.
(d)(2) A covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125(a)(1) whose voice or likeness appears in, or who is the subject of, a materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2), including content distributed as part of a Federal election activityFederal election activityThe term 'Federal election activity' has the meaning given the term in section 301(20)(A)(iii).52 U.S.C. § 30125(a)(3), distributed in violation of this section may bring an action for general or special damages against the person, committee, or other entity that distributed the materially deceptive AI-generated audio or visual mediaDeceptive AI-generated audio or visual mediaThe term 'deceptive AI-generated audio or visual media' means an image, audio, or video that— (A) is the product of artificial intelligence or machine learning, including deep learning techniques, that— (i) merges, combines, replaces, or superimposes content onto an image, audio, or video, creating an image, audio, or video that appears authentic; or (ii) generates an inauthentic image, audio, or video that appears authentic; and (B) a reasonable person, having considered the qualities of the image, audio, or video and the nature of the distribution channel in which the image, audio, or video appears— (i) would have a fundamentally different understanding or impression of the appearance, speech, or expressive conduct exhibited in the image, audio, or video than that person would have if that person were hearing or seeing the unaltered, original version of the image, audio, or video; or (ii) would believe that the image, audio, or video accurately exhibits any appearance, speech, or expressive conduct of a person who did not actually exhibit such appearance, speech, or expressive conduct.52 U.S.C. § 30125(a)(2). (B) In addition to any damages awarded under subparagraph (A), the court may also award a prevailing party reasonable attorney's fees and costs. (C) Nothing in this paragraph shall be construed to limit or preclude a plaintiff from securing or recovering any other available remedy.
(d)(3) In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence.
Creates the enforcement mechanism: a private right of action available exclusively to the depicted candidate (covered individual). The candidate may seek injunctive or equitable relief to stop distribution, and may also bring a separate damages action for general or special damages. Attorney's fees and costs are available to the prevailing party at the court's discretion. The statute expressly preserves other available remedies and requires the plaintiff to prove the violation by clear and convincing evidence — a heightened standard reflecting the political-speech context.
(b) For purposes of an action for defamation, a violation of section 325 of the Federal Election Campaign Act of 1971, as added by subsection (a), shall constitute defamation per se.
Provides that a violation of the new Section 325 constitutes defamation per se for purposes of a defamation action. This means the depicted candidate need not prove actual damages in a parallel defamation suit — the violation itself establishes the defamatory character of the content. This is a significant remedial enhancement because it eliminates the actual-malice and actual-damages hurdles that would otherwise apply to defamation claims by public figures.
(c) If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.
Standard severability clause providing that if any provision of the Act is held invalid, the remainder continues in effect. This is boilerplate and creates no compliance obligations.