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.
(1) "Deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1)" means synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology, including artificial intelligence.17 V.S.A. § 2031(2) that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.
(2) "Synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology, including artificial intelligence.17 V.S.A. § 2031(2)" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology, including artificial intelligence.
This section defines the two key terms that govern the scope of the subchapter. Synthetic media is defined broadly to include any image, audio, or video of an individual's appearance, speech, or conduct that has been created or intentionally manipulated using digital technology, including artificial intelligence. Deceptive and fraudulent synthetic media is a narrower subset: synthetic media that appears realistic to a reasonable person and either injures a political candidate's reputation or attempts to unduly influence an election by providing materially false information to voters.
(a) 1 A person shall not, within 90 days before an election in Vermont, publish, communicate, or otherwise distribute synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology, including artificial intelligence.17 V.S.A. § 2031(2) that the person knows is deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1) unless the person includes a disclosure in the synthetic mediaSynthetic media"Synthetic media" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology, including artificial intelligence.17 V.S.A. § 2031(2) stating: "This media has been manipulated or generated by digital technology and depicts speech or conduct that did not occur."
(a)(1) 1 For deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1) consisting of images and video recordings, the text of the disclosure shall appear in a size that is easily readable by the average viewer and inclusive to the greatest extent possible of individuals with disabilities. For video recordings, the disclosure shall appear for the full duration of the video recording.
(a)(2) 1 For deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1) consisting of audio recordings only, the disclosure shall be read in a clearly spoken manner and in a pitch and pace that can be easily heard by the average listener and inclusive to the greatest extent possible of individuals with disabilities, at the beginning of the audio recording, at the end of the audio recording, and, if the audio is greater than two minutes in length, interspersed within the audio recording at intervals of not greater than two minutes each.
(b) 1 Subsection (a) of this section shall not apply to: (1) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, or to a website, streaming platform, or mobile application, that: (A) broadcasts deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1) as part of a bona fide newscast, news interview, news documentary, commentary of general interest, or on-the-spot coverage of bona fide news events, provided 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 that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1); (B) is paid to broadcast deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1); or (C) is required by federal law to broadcast advertisements from legally qualified candidates; (2) a website or 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 deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1), if the publication clearly states that the deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1) does not accurately represent the speech or conduct of the represented individual; (3) a person that produces or distributes deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1) constituting satire or parody; (4) a provider of a telecommunications service or information service, as those terms are defined in the Communications Act of 1934, 47 U.S.C. § 153, for content provided by another person; or (5) a provider of an interactive computer service, as defined in 47 U.S.C. § 230, for content provided by another person.
This section imposes the act's core substantive obligation: a person who knowingly publishes, communicates, or distributes deceptive and fraudulent synthetic media within 90 days of a Vermont election must include a prescribed disclosure statement — "This media has been manipulated or generated by digital technology and depicts speech or conduct that did not occur." The statute specifies distinct formatting requirements for visual and audio-only content, including accessibility provisions and durational display rules.
The section also carves out broad exceptions for news organizations (provided they acknowledge authenticity questions), paid broadcasts, satire and parody, telecommunications services, and interactive computer services under 47 U.S.C. § 230. These exceptions substantially narrow the class of persons who bear the disclosure obligation to original creators and distributors of deceptive synthetic media outside protected intermediary and news contexts.
(a) A person that knowingly and intentionally violates a provision of this subchapter shall be fined not more than $1,000.00, unless: (1) the person commits the violation with the intent to cause violence or bodily harm, in which case the fine shall be not more than $5,000.00; (2) the person commits the violation within five years after one or more prior violations under this section, in which case the fine shall be not more than $10,000.00; or (3) the person commits the violation with the intent to cause violence or bodily harm and the person commits the violation within five years after one or more prior violations under this section, in which case the fine shall be not more than $15,000.00.
(b) A candidate whose appearance, speech, conduct, or environment is misrepresented through the use of deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1) in violation of section 2032 of this title may seek injunctive or other equitable relief prohibiting the publication, communication, or other distribution of such deceptive and fraudulent synthetic mediaDeceptive and fraudulent synthetic media"Deceptive and fraudulent synthetic media" means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters.17 V.S.A. § 2031(1).
This section establishes the penalty structure for knowing and intentional violations. The baseline criminal fine is up to $1,000, escalating to $5,000 for violations committed with intent to cause violence or bodily harm, $10,000 for repeat violations within five years, and $15,000 for repeat violations committed with intent to cause violence. In addition, a candidate whose appearance, speech, conduct, or environment is misrepresented may independently seek injunctive or other equitable relief to prohibit further distribution of the deceptive synthetic media.
In addition to the other remedies provided in this chapter, a State's Attorney or the Attorney General may institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation of this chapter.
This section grants the Attorney General and State's Attorneys broad enforcement authority to institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation of the chapter. This supplements the criminal penalties in § 2033 and the candidate's equitable-relief remedy.
(a)(1)–(3) The Attorney General or a State's Attorney, whenever there is reason to believe any person to be or to have been in violation of this chapter, may examine or cause to be examined by any designated agent or representative any books, records, papers, memoranda, or physical objects of any nature bearing upon each alleged violation and may demand written responses under oath to questions bearing upon each alleged violation. (2) The Attorney General or a State's Attorney may require the attendance of such person or of any other person having knowledge in the premises in the county where such person resides or has a place of business or in Washington County if such person is a nonresident or has no place of business within the State and may take testimony and require proof material for that person's information and may administer oaths or take acknowledgment in respect of any book, record, paper, or memorandum. (3) The Attorney General or a State's Attorney shall serve notice of the time, place, and cause of such examination or attendance or notice of the cause of the demand for written responses personally or by certified mail upon such person at that person's principal place of business or, if such place is not known, to that person's known address. Such notice shall include a statement that a knowing and intentional violation of this chapter is subject to criminal prosecution.
(a)(4)–(6) Any book, record, paper, memorandum, or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of this State for good cause shown, be disclosed to any person other than the authorized agent or representative of the Attorney General or a State's Attorney or another law enforcement officer engaged in legitimate law enforcement activities unless with the consent of the person producing the same, except that any transcript of oral testimony, written responses, documents, or other information produced pursuant to this section may be used in the enforcement of this chapter, including in connection with any civil action brought under this subchapter or subsection (c) of this section. (5) Nothing in this subsection is intended to prevent the Attorney General or a State's Attorney from disclosing the results of an investigation conducted under this section, including the grounds for the decision as to whether to bring an enforcement action alleging a violation of this chapter or of any rule made pursuant to this chapter. (6) This subsection shall not be applicable to any criminal investigation or prosecution brought under the laws of this or any state.
(b) A person upon whom a notice is served pursuant to the provisions of this section shall comply with its terms unless otherwise provided by the order of a court of this State. (2) Any person that, with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place; conceals, withholds, or destroys; or mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to such notice or mistakes or conceals any information shall be fined not more than $5,000.00.
(c) Whenever any person fails to comply with any notice served upon that person under this section or whenever satisfactory copying or reproduction of any such material cannot be done and the person refuses to surrender the material, the Attorney General or a State's Attorney may file, in the Superior Court in the county in which the person resides or of that person's principal place of business or in Washington County if the person is a nonresident or has no principal place of business in this State, and serve upon the person a petition for an order of the court for the enforcement of this section. (2) Whenever any petition is filed under this section, the court shall have jurisdiction to hear and determine the matter so presented and to enter any order or orders as may be required to carry into effect the provisions of this section. Any disobedience of any order entered under this section by any court shall be punished as a contempt of the court.
(d) Any person aggrieved by a civil investigation conducted under this section may seek relief from Washington Superior Court or the Superior Court in the county in which the aggrieved person resides. Except for cases the court considers to be of greater importance, proceedings before Superior Court as authorized by this section shall take precedence on the docket over all other cases.
This section establishes the Attorney General's and State's Attorneys' civil investigative demand authority. It authorizes examination of books, records, and physical objects, compulsory attendance and testimony, and written interrogatories under oath when there is reason to believe a violation has occurred. Materials produced are confidential absent a court order. Persons who obstruct investigations by concealing, destroying, or falsifying materials face fines of up to $5,000. Courts may enforce investigative demands through contempt proceedings. Persons aggrieved by an investigation may seek relief in Superior Court.
This act shall take effect on passage.
The act takes effect on passage. The Governor signed the bill on March 5, 2026, making that the effective date.