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.
(52) "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.RCW 42.17A.005(52)" 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.
Section 1 amends the existing definitions section of Washington's campaign finance and disclosure chapter to add a new defined term, synthetic media, at subsection (52). The definition covers images, audio, and video of an individual's appearance, speech, or conduct that have been intentionally manipulated using generative adversarial networks or other digital technology to create realistic but false depictions. Two conditions must be met: the depiction must appear to a reasonable individual to show a real person doing or saying something they did not, and it must produce a fundamentally different understanding than the unaltered original. The section also renumbers existing subsections (53) and (54) to accommodate the new definition.
(1) 1 No person may, with actual maliceActual malice"Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.RCW 42.17A.005(1), distribute an electioneering communicationElectioneering communication"Electioneering communication" means any broadcast, cable, or satellite television, radio transmission, digital communication, United States postal service mailing, billboard, newspaper, or periodical that: (i) Clearly identifies a candidate for a state, local, or judicial office either by specifically naming the candidate, or identifying the candidate without using the candidate's name; (ii) Is broadcast, transmitted electronically or by other means, mailed, erected, distributed, or otherwise published within sixty days before any election for that office in the jurisdiction in which the candidate is seeking election; and (iii) Either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market value or cost of one thousand dollars or more.RCW 42.17A.005(21)(a) that contains any 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.RCW 42.17A.005(52) that alters the appearance, action, or speech of a candidateCandidate"Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when the individual first: (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote the individual's candidacy for office; (b) Announces publicly or files for office; (c) Purchases commercial advertising space or broadcast time to promote the individual's candidacy; or (d) Gives consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.RCW 42.17A.005(8) unless it includes a disclosure stating: "This (image/video/audio) has been manipulated."
(2)(a)–(b) 1 For visual media, the text of the disclosure shall 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 shall appear in a size that is easily readable by the average viewer. For visual media that is a video, the disclosure shall appear for the duration of the video. (b) If the media consists of audio only, the disclosure shall 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.
(3)(a)–(d) This section does not alter or negate any rights, obligations, or immunities of an information content provider under the communications decency act, 47 U.S.C. Sec. 230, or the rights or obligations of a radio or television station, including a cable or satellite television operator, programmer, or producer, under the provisions of the federal communications act governing political broadcasting, 47 U.S.C. Sec. 315(a). (b) This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer: (i) That broadcasts 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.RCW 42.17A.005(52) 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 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.RCW 42.17A.005(52); or (ii) When it is paid to broadcast 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.RCW 42.17A.005(52). (c) This section does not apply to an internet 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 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.RCW 42.17A.005(52) prohibited by this section, if the publication clearly states that 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.RCW 42.17A.005(52) does not accurately represent the speech or conduct of the candidateCandidate"Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when the individual first: (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote the individual's candidacy for office; (b) Announces publicly or files for office; (c) Purchases commercial advertising space or broadcast time to promote the individual's candidacy; or (d) Gives consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.RCW 42.17A.005(8). (d) This section does not apply to 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.RCW 42.17A.005(52) that constitutes satire or parody.
(4)(a)–(c) A candidateCandidate"Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when the individual first: (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote the individual's candidacy for office; (b) Announces publicly or files for office; (c) Purchases commercial advertising space or broadcast time to promote the individual's candidacy; or (d) Gives consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.RCW 42.17A.005(8) whose voice or likeness appears in 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.RCW 42.17A.005(52) distributed in violation of this section may seek injunctive or other equitable relief prohibiting the distribution of audio or visual media in violation of this section. An action under this subsection takes precedence over other cases, and must be speedily heard and determined. (b) A candidateCandidate"Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when the individual first: (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote the individual's candidacy for office; (b) Announces publicly or files for office; (c) Purchases commercial advertising space or broadcast time to promote the individual's candidacy; or (d) Gives consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.RCW 42.17A.005(8) whose voice or likeness appears in 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.RCW 42.17A.005(52) distributed in violation of this section may bring an action for general or special damages against the person, committee, or entity that distributed 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.RCW 42.17A.005(52). 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. (c) In any action alleging a violation of this section, the plaintiff bears the burden of establishing the violation through clear and convincing evidence.
Section 2 is the operative heart of the bill. It prohibits any person from distributing, with actual malice, an electioneering communication containing synthetic media that alters a candidate's appearance, action, or speech unless the communication includes a specified disclosure: "This (image/video/audio) has been manipulated." Detailed formatting requirements govern visual and audio-only media — for video the disclosure must appear for the full duration; for audio-only it must be read at the beginning, end, and at two-minute intervals.
The section carves out broad exemptions: Section 230 immunities are preserved; radio and television broadcasters are exempt when carrying bona fide news with an authenticity acknowledgment or when paid to broadcast; news publications are exempt if they clearly state the media does not accurately represent the candidate; and satire or parody is fully exempt. Enforcement is via private right of action by the depicted candidate, who may seek injunctive relief on an expedited basis or general/special damages plus attorneys' fees. The plaintiff must prove the violation by clear and convincing evidence.
(1) Except as provided in subsection (2) of this section, the responsibility for compliance with RCW 42.17A.320 through 42.17A.335 and section 2 of this act shall be with the sponsor of the political advertisingPolitical advertising"Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, digital communication, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support or opposition in any election campaign.RCW 42.17A.005(40) and not with the broadcasting station or other medium.
(2) If a broadcasting station or other medium changes the content of a political advertisement, the station or medium shall be responsible for any failure of the advertisement to comply with RCW 42.17A.320 through 42.17A.335 and section 2 of this act that results from that change.
Section 3 amends the existing compliance-responsibility provision to extend its scope to the new synthetic media disclosure requirement. It confirms that compliance responsibility rests with the sponsor of the political advertising, not with the broadcasting station or other medium — unless the station or medium itself changes the content of the advertisement, in which case the station or medium is responsible for any noncompliance resulting from that change. This allocation mirrors existing Washington law for political advertising disclosures generally.
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.
Section 4 is a standard severability clause providing that if any provision of the act or its application to any person or circumstance is held invalid, the remainder of the act is not affected.