The proposed bill aims to prohibit the use of deceptive and fraudulent deepfakes in election communications in Arkansas. It introduces a new section to the Arkansas Code, specifically defining "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 mislead voters. The bill outlines that individuals are prohibited from distributing such deepfakes within 90 days of an election unless they include a clear disclosure stating that the content has been manipulated. The bill also establishes penalties for violations, including fines that can reach up to $10,000 for repeat offenders.
Additionally, the bill provides a cause of action for candidates whose likenesses are misrepresented through deepfakes, allowing them to seek injunctive relief within two years of the election date. It specifies that the State Board of Election Commissioners can impose civil penalties for violations, with varying fines based on the severity of the offense. However, the bill includes exceptions for certain broadcasting and publication entities, allowing them to air deceptive deepfakes under specific conditions, such as when they are part of bona fide news coverage or when the authenticity cannot be confirmed.