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 from Washington's campaign disclosure and contribution law (chapter 42.17A RCW), including the definition of electioneering communication, which is the operative trigger for the substantive provisions in sections 2 and 3. The section creates no independent obligation.
(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)–(3) 1 A candidate whose appearance, action, or speech is altered through the use of 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) in an electioneering communication 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). (3) A candidate whose appearance, action, or speech is altered through the use of 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) in an electioneering communication may bring an action for general or special damages against the sponsor. 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.
(4) 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.
(5) In any action commenced under this section, the plaintiff bears the burden of establishing the use 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) by clear and convincing evidence.
(6) Courts are encouraged to determine matters under this section expediently.
Section 2 is the core operative provision. It defines synthetic media as AI-manipulated images, audio, or video that create a realistic but false depiction of a real individual, using a two-part test requiring both a false depiction and a fundamentally different impression from the original. The section then creates two distinct private causes of action for candidates depicted in such media: one for injunctive relief and one for general or special damages against the sponsor, with attorney's fees available to prevailing parties.
The section establishes an affirmative defense where the electioneering communication includes a prescribed disclosure — "This (image/video/audio) has been manipulated" — displayed or spoken according to specified format requirements. The plaintiff bears the burden of establishing the use of synthetic media by clear and convincing evidence, a heightened standard that reflects the political-speech context.
(1) 3 For an action brought under section 2 of this act, the sponsor of the electioneering communication may be held liable, and not the medium disseminating the electioneering communication except as provided in subsection (2) of this section.
(2) 3 Except when a licensee, programmer, or operator of a federally licensed broadcasting station transmits an electioneering communication that is subject to 47 U.S.C. Sec. 315, a medium may be held liable in a cause of action brought under section 2 of this act if: (a) The medium removes any disclosure described in section 2(4) of this act from the electioneering communication it disseminates; or (b) Subject to affirmative defenses described in section 2 of this act, the medium changes the content of an electioneering communication such that it 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) 3 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 the electioneering communication and the medium that disseminates it. The general rule is that only the sponsor — not the disseminating medium — is liable. However, a medium (other than a federally licensed broadcaster transmitting content subject to 47 U.S.C. § 315) may be held liable in two narrow circumstances: stripping the prescribed disclosure from the communication, or itself altering the content to create synthetic media. The section also provides a state-law analogue of Section 230 immunity for interactive computer services, subject to the same narrow exceptions.
The public disclosure commission must 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 directs the Public Disclosure Commission to adopt rules in furtherance of the chapter, but expressly provides that nothing in the chapter constitutes a violation under Washington's general campaign finance law (chapter 42.17A RCW) and does not authorize the Commission to take enforcement action under RCW 42.17A.755. This limits the Commission's role to rulemaking support; enforcement is exclusively through private litigation under Section 2.
Sections 1 through 4 of this act constitute a new chapter in Title 42 RCW.
Codification provision placing Sections 1 through 4 in a new chapter in Title 42 RCW. Creates no independent obligation.
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. Creates no independent obligation.