WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
(a)(1)–(8) Terms used in this section are defined as follows: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.§ 3-8-12a(a)(1)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. (2) "CandidateCandidate"Candidate" means an individual as defined in §3-8-1a(4) of this code.§ 3-8-12a(a)(2)" means an individual as defined in §3-8-1a(4) of this code. (3) "CreatorCreator"Creator" means any candidate, candidate campaign committee, political party, political action committee, other political committee or entity, any employee, representative, or agent of the foregoing, or any other person who prepares, creates, or causes the preparation or creation and the dissemination of any political advertising, material, or media produced by generative artificial intelligence. The term does not include a broadcaster, cable provider, digital newspaper, online service, internet service provider, streaming platform, provider, or developer of any technology in the generation of media by artificial intelligence, or any employee, representative, or agent thereof, solely for the distribution of a creator, sponsor, or purchaser's political advertising, material, or media.§ 3-8-12a(a)(3)" means any candidateCandidate"Candidate" means an individual as defined in §3-8-1a(4) of this code.§ 3-8-12a(a)(2), candidateCandidate"Candidate" means an individual as defined in §3-8-1a(4) of this code.§ 3-8-12a(a)(2) campaign committee, political party, political action committee, other political committee or entity, any employee, representative, or agent of the foregoing, or any other personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) who prepares, creates, or causes the preparation or creation and the dissemination of any political advertising, material, or media produced by generative artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.§ 3-8-12a(a)(1). The term does not include a broadcaster, cable provider, digital newspaper, online service, internet service provider, streaming platform, provider, or developer of any technology in the generation of media by artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.§ 3-8-12a(a)(1), or any employee, representative, or agent thereof, solely for the distribution of a creatorCreator"Creator" means any candidate, candidate campaign committee, political party, political action committee, other political committee or entity, any employee, representative, or agent of the foregoing, or any other person who prepares, creates, or causes the preparation or creation and the dissemination of any political advertising, material, or media produced by generative artificial intelligence. The term does not include a broadcaster, cable provider, digital newspaper, online service, internet service provider, streaming platform, provider, or developer of any technology in the generation of media by artificial intelligence, or any employee, representative, or agent thereof, solely for the distribution of a creator, sponsor, or purchaser's political advertising, material, or media.§ 3-8-12a(a)(3), sponsorSponsor"Sponsor" means a person at whose request or on whose behalf any political advertisement, material, or media is created, prepared, placed, published, or disseminated.§ 3-8-12a(a)(7), or purchaser's political advertising, material, or media. (4) "Depicted individualDepicted individual"Depicted individual" means an individual who is falsely represented in synthetic media.§ 3-8-12a(a)(4)" means an individual who is falsely represented in synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8). (5) "MetadataMetadata"Metadata" means structural or descriptive information about data such as content, format source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions.§ 3-8-12a(a)(5)" means structural or descriptive information about data such as content, format source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. (6) "PersonPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6)" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals. (7) "SponsorSponsor"Sponsor" means a person at whose request or on whose behalf any political advertisement, material, or media is created, prepared, placed, published, or disseminated.§ 3-8-12a(a)(7)" means a personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) at whose request or on whose behalf any political advertisement, material, or media is created, prepared, placed, published, or disseminated. (8) "Synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8)" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.§ 3-8-12a(a)(1) techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) would have from the unaltered, original version of the image, audio recording, or video recording.
Subsection (a) establishes the definitional framework for the bill. Key terms include synthetic media, which requires both AI manipulation producing a realistic false depiction and a materially different impression from the original; creator, which sweeps broadly to cover candidates, committees, agents, and any person who causes the preparation and dissemination of AI-generated political content, while expressly carving out broadcasters, technology providers, and distribution intermediaries; and sponsor, which captures the person on whose behalf the content is created or placed.
(b)(1)–(4) 1 Except as provided in subsection (c) of this section, a personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) shall not distribute, or enter into an agreement with another personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) to distribute, synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) if all of the following apply: (1) The personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) knows or has reasonable cause to know the media falsely represents a depicted individualDepicted individual"Depicted individual" means an individual who is falsely represented in synthetic media.§ 3-8-12a(a)(4); (2) The distribution occurs within 90 days before an election; (3) Is made without the consent of the depicted individualDepicted individual"Depicted individual" means an individual who is falsely represented in synthetic media.§ 3-8-12a(a)(4); and (4) Is made with the intent to injure a candidateCandidate"Candidate" means an individual as defined in §3-8-1a(4) of this code.§ 3-8-12a(a)(2) or influence the results of an election.
Subsection (b) establishes the bill's core prohibition: no person may distribute — or agree with another person to distribute — synthetic media within 90 days before an election if the person knows or has reasonable cause to know the media falsely represents a depicted individual, distribution is made without the depicted individual's consent, and is made with intent to injure a candidate or influence election results. All four elements must be satisfied for the prohibition to apply. The disclaimer safe harbor in subsection (c) provides an escape from this prohibition.
(c)(1)–(5) 2 The prohibition in subsection (b) of this section does not apply to synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) that includes a clear and conspicuous disclaimer stating that the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) has been manipulated by technical means and depicts speech or conduct that did not occur. A disclaimer required under this section is considered to be made in a clear and conspicuous manner if the disclaimer meets the following requirements: (1) In a visual communication that contains synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8), the text of the disclaimer statement appears in a font size no smaller than the largest font size of other text appearing in the visual communication. If the visual communication does not include any other text, the disclaimer statement appears in a font size that is easily readable by the average viewer; (2) In audio communication that contains synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8), the disclaimer statement shall be read in a clearly spoken manner in the same pitch, speed, language, and volume as the majority of the audio communication, at the beginning of the audio communication, at the end of the audio communication, and, if the audio communication is greater than two minutes in length, interspersed within the audio communication at intervals of not more than one minute each; (3) The metadata of the communication includes the disclaimer statement, the identity of the tool used to create the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8), the identity of the personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) who created the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8), and the date and time the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) was created; (4) The disclaimer statement in the communication, including the disclaimer statement in any metadataMetadata"Metadata" means structural or descriptive information about data such as content, format source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions.§ 3-8-12a(a)(5), is, to the extent technically feasible, permanent or unable to be easily removed by a subsequent user; and (5) The communication complies with any additional requirements for the disclaimer statement that the Secretary of State may adopt by rule to ensure that the disclaimer statement is presented in a clear and conspicuous and understandable manner.
Subsection (c) creates a safe harbor from the prohibition in subsection (b): synthetic media that includes a clear and conspicuous disclaimer stating the media has been manipulated and depicts speech or conduct that did not occur is exempt. The subsection then specifies detailed format requirements for the disclaimer across visual, audio, and metadata channels, including font sizing, spoken delivery cadence, metadata embedding, durability against removal, and compliance with any additional rules the Secretary of State may adopt. This effectively transforms the absolute prohibition into a label-or-ban regime.
(d)(1) This section does not alter or negate any rights, obligations, or immunities of an interactive computer service in accordance with 47 U.S.C. § 230, as amended, and shall otherwise be construed in a manner consistent with federal law;
(d)(2) This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a communication that includes synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) prohibited by subsection (b) of this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast or publication clearly acknowledges through content or a disclosure, in a manner that can be easily heard and understood 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, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) in the communication;
(d)(3) This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer, or streaming service, when the station is paid to broadcast a communication that includes synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8);
(d)(4) 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 or streaming service, that routinely carries news and commentary of general interest and that publishes a communication that includes synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) prohibited by subsection (b) of this section, if the publication clearly states that the communication that includes the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) does not accurately represent a candidateCandidate"Candidate" means an individual as defined in §3-8-1a(4) of this code.§ 3-8-12a(a)(2) for elective office;
(d)(5) This section does not apply to the provider of technology used in the creation of synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8); and
(d)(6) This section shall not be construed to alter any rights, obligations, or immunities created by 47 U.S.C. Chapter 5 or under the regulations of the Federal Communications Commission pertaining to the broadcast or distribution of political programming or campaign advertising, or under any other federal law.
Subsection (d) carves out several categories from the bill's reach. It preserves Section 230 immunity, exempts bona fide news coverage (provided it acknowledges questions about authenticity), exempts broadcasters paid to carry the synthetic media, exempts newspapers and periodicals that clearly state the content does not accurately represent a candidate, exempts technology providers used to create synthetic media, and preserves FCC regulatory authority over political programming. These exemptions significantly narrow the bill's practical scope to the creators and sponsors of the synthetic media themselves, rather than the distribution infrastructure or news organizations.
(e) Any personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) violating any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 per violation.
(f) Any personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) who believes that a violation of this section concerning the use of synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) in a communication concerning a candidateCandidate"Candidate" means an individual as defined in §3-8-1a(4) of this code.§ 3-8-12a(a)(2) for elective office has occurred may file a written complaint with the state election commission in accordance with §3-8-8 of this code.
(g) In a civil action brought against the creatorCreator"Creator" means any candidate, candidate campaign committee, political party, political action committee, other political committee or entity, any employee, representative, or agent of the foregoing, or any other person who prepares, creates, or causes the preparation or creation and the dissemination of any political advertising, material, or media produced by generative artificial intelligence. The term does not include a broadcaster, cable provider, digital newspaper, online service, internet service provider, streaming platform, provider, or developer of any technology in the generation of media by artificial intelligence, or any employee, representative, or agent thereof, solely for the distribution of a creator, sponsor, or purchaser's political advertising, material, or media.§ 3-8-12a(a)(3) or the sponsor of content that includes synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech, or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.§ 3-8-12a(a)(8) by a personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) to enforce this section, the court may impose a civil penalty not to exceed $1,000 against a personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) for each violation of this section that the court finds a personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) has committed.
(h) Compliance with this section does not exempt a personPerson"Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.§ 3-8-12a(a)(6) from civil or criminal liability for violations of other applicable law.
(i) The Secretary of State may propose emergency and legislative rules for legislative approval in accordance with §29A-3-1 et seq. of this code.
Subsections (e) through (i) establish the enforcement framework. Criminal penalties include a misdemeanor fine of up to $1,000 per violation. Any person believing a violation has occurred may file a complaint with the State Election Commission. A civil action may be brought against the creator or sponsor, with courts authorized to impose civil penalties up to $1,000 per violation. Subsection (h) provides that compliance with the bill does not exempt a person from other civil or criminal liability. The Secretary of State is authorized to propose emergency and legislative rules.