West Virginia · House Bill · 2026 Regular Session
HB4496
West Virginia House Bill 4496 — A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article designated §46A-9-1, §46A-9-2, §46A-9-3, and §46A-9-4, relating to the disclosure of the use of artificial intelligence

Status ● Introduced Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
The Attorney General has authority to enforce this article. Individuals harmed by undisclosed AI-generated media may also pursue a private right of action. No cure period is specified.
Private Right of Action
private right of action.
Penalties
Organizations (including creators, producers, and platforms) may be assessed civil penalties up to $100,000 per day per violation. Individuals may be assessed up to $1,000 per day per violation. Additional penalties of up to $100,000 per day apply when violations involve political deception, identity manipulation, or public safety risks. Individuals harmed by undisclosed AI-generated media may pursue damages, equitable relief, and attorney's fees via private right of action. The bill does not limit any other civil remedy otherwise allowed by law.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
§46A-9-1
Legislative intent

The purpose of this article is to ensure transparency, consumer protection, and accountability by requiring clear and conspicuous disclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 when media is created, generated, or materially alteredMaterially Altered"Materially Altered" refers to any modification of existing media using AI in a manner that changes meaning, appearance, speech, identity, or context beyond basic correction or enhancement.§46A-9-2 using artificial intelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any machine-based system that, for a given set of human-defined objectives, makes predictions, recommendations, or decisions influencing real or virtual environments, including generative artificial intelligence models capable of producing text, images, audio, video, or other media content.§46A-9-2 technologies.

This section states the bill's purpose: to ensure transparency, consumer protection, and accountability by requiring clear and conspicuous disclosure when media is created, generated, or materially altered using AI technologies. It establishes no operative obligation.

§46A-9-2
Definitions

For the purposes of this article: "Artificial IntelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any machine-based system that, for a given set of human-defined objectives, makes predictions, recommendations, or decisions influencing real or virtual environments, including generative artificial intelligence models capable of producing text, images, audio, video, or other media content.§46A-9-2" or "AI" means any machine-based system that, for a given set of human-defined objectives, makes predictions, recommendations, or decisions influencing real or virtual environments, including generative artificial intelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any machine-based system that, for a given set of human-defined objectives, makes predictions, recommendations, or decisions influencing real or virtual environments, including generative artificial intelligence models capable of producing text, images, audio, video, or other media content.§46A-9-2 models capable of producing text, images, audio, video, or other media content. "AI-Generated MediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2" means any image, video, audio, text, or other multimedia content created, generated, or materially alteredMaterially Altered"Materially Altered" refers to any modification of existing media using AI in a manner that changes meaning, appearance, speech, identity, or context beyond basic correction or enhancement.§46A-9-2 in whole or in part by artificial intelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any machine-based system that, for a given set of human-defined objectives, makes predictions, recommendations, or decisions influencing real or virtual environments, including generative artificial intelligence models capable of producing text, images, audio, video, or other media content.§46A-9-2, including deepfakes, synthetic media, or algorithmically-generated compositions. "DisclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated. "Materially AlteredMaterially Altered"Materially Altered" refers to any modification of existing media using AI in a manner that changes meaning, appearance, speech, identity, or context beyond basic correction or enhancement.§46A-9-2" refers to any modification of existing media using AI in a manner that changes meaning, appearance, speech, identity, or context beyond basic correction or enhancement. "Covered EntityCovered Entity"Covered Entity" means any individual, corporation, organization, platform, or governmental body that creates, distributes, publishes, or transmits AI-generated media for public consumption.§46A-9-2" means any individual, corporation, organization, platform, or governmental body that creates, distributes, publishes, or transmits AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2 for public consumption.

This section defines the five key terms that govern the bill's scope: Artificial Intelligence, AI-Generated Media, Disclosure, Materially Altered, and Covered Entity. The definition of Covered Entity is notably broad, encompassing any individual, corporation, organization, platform, or governmental body that creates, distributes, publishes, or transmits AI-generated media for public consumption. The definition of AI-Generated Media extends to any content created, generated, or materially altered in whole or in part by AI, including deepfakes and synthetic media.

§46A-9-3
Disclosure of AI-generated media
DeployerPublisher

(a) 1 General DisclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 Requirement. A covered entityCovered Entity"Covered Entity" means any individual, corporation, organization, platform, or governmental body that creates, distributes, publishes, or transmits AI-generated media for public consumption.§46A-9-2 shall ensure that any AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2 it creates, distributes, publishes, or transmits includes a clear and conspicuous disclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 indicating that the media was created or materially alteredMaterially Altered"Materially Altered" refers to any modification of existing media using AI in a manner that changes meaning, appearance, speech, identity, or context beyond basic correction or enhancement.§46A-9-2 using artificial intelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any machine-based system that, for a given set of human-defined objectives, makes predictions, recommendations, or decisions influencing real or virtual environments, including generative artificial intelligence models capable of producing text, images, audio, video, or other media content.§46A-9-2.

(b)(1)–(4) 1 Form of DisclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2. The disclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 shall: (1) Be easily visible or audible to a reasonable user. (2) For any visual media include a watermark or text label of sufficient size and contrast stating "AI-Generated", "Created with AI", or some other easily identifiable words or symbol to indicate that AI was used. (3) For audio media, include a voice or transcript statement at the beginning stating "This audio contains content generated by artificial intelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any machine-based system that, for a given set of human-defined objectives, makes predictions, recommendations, or decisions influencing real or virtual environments, including generative artificial intelligence models capable of producing text, images, audio, video, or other media content.§46A-9-2." (4) For video media, include an on-screen disclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 lasting no fewer than 3 seconds at the beginning of the video and a persistent but unobtrusive watermark throughout playback.

(c)(1)–(3) 2 Platform-Level Obligations. Any platform hosting or distributing AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2 shall: (1) Maintain functionality to preserve disclosuresDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 and watermarks; (2) Prohibit removal or obfuscation of disclosuresDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 without explicit lawful justification; and (3) Implement automated detection systems, when feasible, to identify unlabeled AI-generated content and prompt disclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2.

(d)(1)–(3) Exceptions. DisclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 is not required for: (1) Internal research or development that is not distributed to the public; (2) AI-assisted editing that does not materially alter the meaning, such as spell-checking; or (3) Any content created solely for private personal use and not publicly distributed.

This section imposes the bill's core operative requirements. It mandates that any Covered Entity ensure all AI-generated media it creates, distributes, publishes, or transmits includes a clear and conspicuous disclosure. The bill prescribes specific disclosure formats — watermarks or text labels for visual media, audio statements for audio media, and both an opening on-screen disclosure and a persistent watermark for video media.

Separate platform-level obligations require hosting and distribution platforms to preserve disclosures, prohibit removal or obfuscation of disclosure markers without lawful justification, and implement automated detection systems for unlabeled AI content where feasible. Exceptions are carved out for internal R&D, non-material AI-assisted editing such as spell-checking, and content created solely for private personal use.

Compliance actions 2 items
1
Covered entities must ensure that any AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2 they create, distribute, publish, or transmit includes a clear and conspicuous human-perceptible disclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 — a watermark, text label, audio statement, or on-screen identifier — indicating the media was created or materially alteredMaterially Altered"Materially Altered" refers to any modification of existing media using AI in a manner that changes meaning, appearance, speech, identity, or context beyond basic correction or enhancement.§46A-9-2 using AI. Visual media must include a watermark or text label; audio media must include a spoken or transcript statement at the beginning; video media must include an on-screen disclosure of at least 3 seconds at the start and a persistent watermark throughout playback.
T-02.1
2
Platforms hosting or distributing AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2 must (1) maintain functionality to preserve disclosuresDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 and watermarks, (2) prohibit removal or obfuscation of disclosuresDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2 without explicit lawful justification, and (3) implement automated detection systems, when feasible, to identify unlabeled AI-generated content and prompt disclosureDisclosure"Disclosure" means a clear and conspicuous statement, watermark, digital marker, or on-screen/on-audio identifier informing an individual that the media they are viewing, hearing, or receiving is AI-generated.§46A-9-2.
T-02.4
§46A-9-4
Enforcement authority and penalties

(a) Enforcement Authority. The attorney general shall have authority to enforce this Act.

(b)(1)–(3) Civil Penalties. No person or organization may distribute AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2 in violation of this article. (1) An organization, including, but not limited to the creator, producer, and platform of the AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2, that violates the provisions of this article may be assessed a civil penalty of up to $100,000 per day for each separate violation. (2) An individual who violates the provisions of this article may be assessed a civil penalty of up to $1,000 per day for each separate violation. (3) Additional penalties of up to $100,000 per day may be assessed when violations involve political deception, identity manipulation, or public safety risks.

(c) Right of Action. Individuals harmed by undisclosed AI-generated mediaAI-Generated Media"AI-Generated Media" means any image, video, audio, text, or other multimedia content created, generated, or materially altered in whole or in part by artificial intelligence, including deepfakes, synthetic media, or algorithmically-generated compositions.§46A-9-2 may pursue a private right of action for damages, equitable relief, and attorney's fees.

(d) The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

This section establishes the bill's enforcement framework. The Attorney General is vested with enforcement authority. Civil penalties are tiered: organizations — including creators, producers, and platforms — face penalties of up to $100,000 per day per violation, while individuals face up to $1,000 per day per violation. An additional penalty of up to $100,000 per day applies when violations involve political deception, identity manipulation, or public safety risks.

The section also creates a private right of action for individuals harmed by undisclosed AI-generated media, with damages, equitable relief, and attorney's fees available. A savings clause preserves any other civil remedies available under existing law.

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party (No data)
Bipartisan No
Prior session None

Legislative History

2026-01-19 Filed for introduction
2026-01-19 To Judiciary
2026-01-19 Introduced in House
2026-01-19 To House Judiciary

Entry Last Reviewed

2026-05-20
AI generated