The proposed bill aims to prohibit the use of deceptive and fraudulent deepfakes in election communications by adding a new section to the Arkansas Code. This section defines "deceptive and fraudulent deepfake" as synthetic media that inaccurately alters or generates the speech, conduct, image, or likeness of a candidate or political party with the intent to deceive voters or harm the candidate's reputation. The bill establishes that, within 90 days of an election, individuals are prohibited from distributing such deepfakes unless they include a clear disclosure stating that the content has been manipulated or artificially generated. The bill also outlines specific requirements for how this disclosure must be presented in both visual and audio formats.
Furthermore, the bill provides a cause of action for candidates whose likenesses are misrepresented through these deepfakes, allowing them to seek injunctive relief within two years of the election. It also empowers the State Board of Election Commissioners to impose civil penalties for violations, with fines ranging from $1,000 to $10,000 depending on the severity of the offense. However, the bill includes exceptions for certain types of media, such as bona fide news broadcasts and publications that clearly state the authenticity of the deepfake cannot be confirmed, as well as for content that constitutes satire or parody.