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 bill as the Protect Elections from Deceptive AI Act. No operative obligations.
(a)(1) The term 'covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125 (proposed § 325(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 (proposed § 325(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 (proposed § 325(a)(3))' has the meaning given the term in section 301(20)(A)(iii).
Defines three key terms for the new prohibition: 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 a depicted individual's appearance, speech, or conduct), and Federal election activity (cross-referencing existing FECA definitions). The definition of deceptive AI media applies a two-prong test requiring both AI-generation and a reasonable-person deception standard.
(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 (proposed § 325(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 (proposed § 325(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, when done with intent to influence an election or solicit funds. The prohibition is subject to exceptions in subsection (c) for media entities that provide authenticity disclosures and for satire or parody. The knowledge and intent requirements are significant: the distributor must act knowingly and with the intent to influence an election or solicit funds.
(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 (proposed § 325(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 (proposed § 325(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 (proposed § 325(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 (proposed § 325(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 (proposed § 325(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 (proposed § 325(a)(2)) that constitutes satire or parody.
Carves out three categories from the prohibition: (1) broadcast media (radio, television, cable, satellite, streaming) that air the prohibited content as part of bona fide news coverage, provided the broadcast clearly acknowledges questions about authenticity; (2) newspapers, magazines, and other periodicals of general circulation (including internet publications) that clearly state the content does not accurately represent the candidate's speech or conduct; and (3) materially deceptive AI-generated content that constitutes satire or parody. The media exemptions are conditional on disclosure — absent clear acknowledgment of inauthenticity, media entities remain subject to the prohibition.
(d)(1)(A)–(B) A covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125 (proposed § 325(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 (proposed § 325(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 (proposed § 325(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 (proposed § 325(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)–(C) A covered individualCovered individualThe term 'covered individual' means a candidate for Federal office.52 U.S.C. § 30125 (proposed § 325(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 (proposed § 325(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 (proposed § 325(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 (proposed § 325(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 a private right of action for the depicted candidate. Two tracks of relief are available: injunctive or other equitable relief to halt distribution, and general or special damages against the distributor. Injunctive actions receive precedence under the Federal Rules of Civil Procedure. The court may award reasonable attorney's fees and costs to a prevailing party. A savings clause preserves all other available remedies. The plaintiff bears the burden of establishing the violation through clear and convincing evidence — a heightened standard reflecting the First Amendment sensitivities of political speech.
(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.
Establishes that a violation of the prohibition constitutes defamation per se for purposes of a defamation action, eliminating the need for the plaintiff to prove special damages in a related defamation claim. This is a significant enhancement: it means a candidate who proves a violation under the bill can pursue defamation without separately proving economic loss.
(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 is held invalid, the remainder of the Act and its application to other persons or circumstances is unaffected.