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.
The definitions used in chapter 42.17A RCW apply throughout this chapter unless the context clearly requires otherwise.
This section incorporates by reference all definitions used in chapter 42.17A RCW (Washington's campaign finance and disclosure law) into the new chapter created by this act. This ensures that terms such as electioneering communication, candidate, and sponsor carry their existing statutory meanings without redefinition. No new compliance obligation is created.
(1) For purposes of this section "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 intentionally manipulated with the use of generative adversarial network techniques 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.Sec. 2(1)" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of generative adversarial network techniques 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.
(2) 1 A candidate who is the subject of 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 intentionally manipulated with the use of generative adversarial network techniques 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.Sec. 2(1) in an electioneering communication may bring a cause of action against the person or entity who sponsored, with actual malice, the electioneering communication containing 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 intentionally manipulated with the use of generative adversarial network techniques 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.Sec. 2(1). Such candidate may seek injunctive or other equitable relief prohibiting the publication of such 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 intentionally manipulated with the use of generative adversarial network techniques 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.Sec. 2(1). The candidate may also seek general or special damages against the sponsor of the electioneering communication, or a broadcasting station or other medium in accordance with section 3 of this act. The court may also award a prevailing party reasonable attorneys' fees and costs. This subsection does not limit or preclude a plaintiff from securing or recovering any other available remedy.
(3) 2 It is an affirmative defense for any action brought under this section that the electioneering communication containing a 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 intentionally manipulated with the use of generative adversarial network techniques 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.Sec. 2(1) includes a disclosure stating, "This (image/video/audio) has been manipulated," in the following manner: (a) 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 (b) 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 minutes in length, interspersed within the audio at intervals of not more than two minutes each.
(4) In any action commenced under this section, the plaintiff bears the burden of proof by clear and convincing evidence.
(5) Courts are encouraged to determine matters under this section expediently.
Section 2 is the core operative provision of the bill. It defines synthetic media for purposes of this chapter, creates a private right of action for candidates depicted in synthetic media used in electioneering communications, and establishes an affirmative defense for sponsors who include a prescribed disclosure. The cause of action requires proof of actual malice by clear and convincing evidence — a standard borrowed from defamation law that narrows liability to intentional or reckless uses of synthetic media in campaign contexts.
The affirmative defense functions as a labeling safe harbor: if the electioneering communication includes a disclosure stating the media has been manipulated, formatted to meet detailed visual and audio specifications, the sponsor is shielded from liability. This structure effectively creates a disclosure obligation enforced through litigation risk rather than regulatory mandate — sponsors who label their synthetic media are protected; those who do not face damages exposure.
(1) For an action brought under section 2 of this act, the sponsor of the electioneering communication may be held liable, and not the broadcasting station or other medium except as provided in subsection (2) of this section.
(2) 3 A broadcasting station or other medium may be held liable in a cause of action brought under section 2 of this act if: (a) The broadcasting station or other medium removes any disclosure described in section 2(3) of this act from the electioneering communication it broadcasts; or (b) Subject to affirmative defenses described in section 2 of this act, the broadcasting station or other medium changes, with actual malice, the content of an electioneering communication such that it then qualifies as 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 intentionally manipulated with the use of generative adversarial network techniques 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.Sec. 2(1), as defined in section 2 of this act.
(3)(a)–(c) No provider or user of an interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Sec. 3(3)(b) shall be treated as the publisher or speaker of any information provided by another information content providerInformation content provider"Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.Sec. 3(3)(c). However, an interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Sec. 3(3)(b) may be held liable in accordance with subsection (2) of this section. (b) "Interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Sec. 3(3)(b)" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. (c) "Information content providerInformation content provider"Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.Sec. 3(3)(c)" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.Sec. 3(3)(b).
Section 3 allocates liability between the sponsor of an electioneering communication and the broadcasting station or other medium that distributes it. The default rule shields broadcasters and media outlets, channeling liability to the sponsor. Two exceptions exist: a broadcaster may be held liable if it strips the prescribed disclosure from the communication, or if it itself alters content with actual malice to create synthetic media. The section also includes a Section 230-style safe harbor for interactive computer services, shielding providers and users of such services from publisher liability for third-party content — though interactive computer services remain subject to the disclosure-stripping and content-alteration exceptions.
The public disclosure commission may adopt rules in furtherance of the purpose of this chapter. Nothing in this chapter constitutes a violation under chapter 42.17A RCW, or otherwise authorizes the public disclosure commission to take action under RCW 42.17A.755.
Section 4 grants the Public Disclosure Commission discretionary authority to adopt rules in furtherance of the chapter's purpose. However, it expressly disclaims any enforcement authority: violations of this chapter do not constitute violations under chapter 42.17A RCW and do not authorize the Commission to take enforcement action under RCW 42.17A.755. This confirms the bill's exclusively private-enforcement model.
Sections 1 through 4 of this act constitute a new chapter in Title 42 RCW.
This section provides that Sections 1 through 4 of the act constitute a new chapter in Title 42 RCW. No compliance obligation is created.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
Standard severability clause providing that if any provision of the act is held invalid, the remainder is not affected. No compliance obligation is created.