The proposed bill, SB1359, aims to regulate the distribution of deceptive and fraudulent deepfakes related to candidates in elections. It mandates that any person who creates and distributes such deepfakes within 90 days of an election must include a clear disclosure indicating that the media contains content generated by artificial intelligence (AI). Failure to comply with this disclosure requirement will result in civil penalties, similar to those for late campaign finance filings. The bill also clarifies that the disclosure requirements do not apply to media that is considered satire or parody, nor to interactive computer services.

Key changes from current law include the introduction of specific definitions for "creator," "deceptive and fraudulent deepfake," and "synthetic media." The bill narrows the scope of disclosure requirements to only apply to candidates, removing previous provisions that included political parties. Additionally, it eliminates criminal penalties for violations, replacing them with civil penalties, and modifies the definitions of deceptive deepfakes to focus on the intent to mislead regarding a candidate's actions or statements. Overall, the bill seeks to enhance transparency in election communications while addressing the challenges posed by AI-generated content.

Statutes affected:
Introduced Version: 16-1023
Senate Engrossed Version: 16-1023
House Engrossed Version: 16-1023
Chaptered Version: 16-1023