RÉSUMÉ DIGEST
SB 97 2024 Regular Session Duplessis
Present law provides that the state has a compelling interest in taking every necessary step
to assure that all elections are held in a fair and ethical manner and finds that an election
cannot be held in a fair and ethical manner when any candidate or other person is allowed
to print or distribute any material which falsely alleges that a candidate is supported by or
affiliated with another candidate, group of candidates, or other person, or a political faction,
or to publish statements that make scurrilous, false, or irresponsible adverse comments about
a candidate or a proposition.
Present law further provides that the state has a compelling interest to protect the electoral
process, and that the people have an interest in knowing the identity of each candidate whose
number appears on a sample ballot in order to be fully informed and to exercise their right
to vote for a candidate of their choice.
Present law further provides that it is essential to the protection of the electoral process that
the people be able to know who is responsible for publications in order to more properly
evaluate the statements contained in them and to informatively exercise their right to vote.
Present law further provides that it is essential to the protection of the electoral process to
prohibit misrepresentation that a person, committee, or organization speaks, writes, or acts
on behalf of a candidate, political committee, or political party, or an agent or employee
thereof.
Proposed law would have retained these provisions in present law and would further have
provided that it is essential to the protection of the electoral process to prohibit the
undisclosed use of deep fake technology, artificial intelligence, or similar tools utilized to
create, alter, or otherwise manipulated media in a manner that would falsely appear to a
reasonable observer to be an authentic record of a natural person's speech, conduct, or
likeness to emulate a candidate, an agent or employee thereof, or other persons with the
intent to mislead voters.
Present law provides that no person shall cause to be distributed, or transmitted, any oral,
visual, digital, or written material containing any statement which he knows or should be
reasonably expected to know makes a false statement about a candidate for election in a
primary or general election or about a proposition to be submitted to the voters.
Proposed law would have retained provisions in present law and would have further provided
that no person shall communicate any depiction or representation of a candidate he knows
or should be reasonably expected to know is false.
Present law provides for disclosure requirements of electioneering communications relative
to sources of payment and candidate authorization.
Proposed law would have retained provisions in present law and would have further required
disclosure of the use of deep fake technology, artificial intelligence, or similar tools to create,
alter, or otherwise manipulate media in a manner that would falsely appear to a reasonable
observer to be an authentic record of a natural person's speech, conduct, or likeness to
emulate a candidate, an agent or employee thereof, or other persons with the intent to mislead
voters.
Present law defines "media entity" as a radio broadcast station, television broadcast station,
cable or satellite television company, or other video service provider, streaming video
provider, newspaper company, periodical company, billboard company, advertisement
agency, or media platform responsible for the production or publication of any
advertisement, voice, data, or other communications, information services, or internet access
provider, or bona fide news or public interest website operator.
Proposed law would have retained provisions in present law and would further have defined
"media entity" to include a provider of an interactive computer service, as defined in 47
U.S.C. 230(f), a provider of telecommunications or information service, as defined in 47
U.S.C. 153, an interactive computer service, internet service provider, internet website, or
e-commerce service.
Present law defines the term "digital material" as any material or communication that, for a
fee, is placed or promoted on a public facing website, web application, or digital application,
including a social network, advertising network, or search engine.
Proposed law would have retained provisions in present law and would have defined "deep
fake technology" as the use of manipulated images or audio or visual depictions that appear
to be genuine.
Proposed law would have provided that its provisions not restrict the ability of a person to
preserve the integrity or security of systems or to detect, prevent, respond to, or protect
against security incidents, identity theft, fraud, harassment, malicious or deceptive activities,
or any illegal activity, or to investigate, report, or prosecute those responsible for any of these
actions.
Proposed law would have provided that no provider of an interactive computer service, as
defined in 47 U.S.C. 230(f), or a provider of a telecommunications or an information service,
as defined in 47 U.S.C. 153, or its affiliates or subsidiaries, is to be held to have violated
proposed law, or be subject to any civil action, solely for providing access or connection to
or from a website or other information or content on the internet, or a facility, system, or
network not under that provider's control, including transmission, downloading, intermediate
storage, access software, or other related capabilities that are incidental to providing such
access or connection, to the extent it is not responsible for the creation of the material or
communication that constitutes a violation of proposed law.
Proposed law would have provided that it not to be construed to impose liability on a radio
broadcast station, television broadcast station, cable or satellite television company, or other
video service provider, streaming video provider, newspaper company, periodical company,
billboard company, advertisement agency, or media platform responsible for the production
or publication of any advertisement, voice, data, or other communications, information
services, or internet access provider, or bona fide news or public interest website operator,
or any affiliates or subsidiaries, to the extent it is not responsible for the creation of the
material or communication that constitutes a violation of proposed law.
Would have become effective upon signature of the governor or lapse of time for
gubernatorial action.
(Would have amended R.S. 18:1463(A), (C)(1), (E)(5)(b), and (F); would have added R.S.
18:1463(C)(2)(d), (H), (I), (J), and (K))
VETO MESSAGE:
"Please be advised that I have vetoed Senate Bill 97 of the 2024 Regular Session.
Similar to HB 154, this bill seeks to regulate the use of Artificial Intelligence and requires
disclosure before political communication that, "utilizes deep fake technology, artificial
intelligence, or similar tools to create, alter, or otherwise manipulate media" that falsely
appears to be authentic. While I commend the efforts to curb false political attacks, I believe
this bill raises First Amendment concerns, particularly concerning emerging technologies.
The legal landscape on this issue remains unsettled, and a thorough study of these
technologies is needed before enacting such regulations.
HER 66 from the 2024 Regular Legislative Session is a prudent first step to explore the best
ways to regulate this technology. As stated in HER 66, "the legislature requires substantially
more information before it can develop policies that leverage the potential of artificial
intelligence for governance while curbing its misuse by malicious actors against our state and
its citizens." I support HER 66 and note that the author of SB 97 also voted in favor of it.
Additionally, on the federal level in the United States Congress, Speaker Mike Johnson and
Democratic Leader Hareem Jeffrey announced the establishment of a bipartisan Task Force
on Artificial Intelligence (AI) to explore how Congress can ensure America continues to lead
the world in AI innovation while considering guardrails that may be appropriate to safeguard
the nation against current and emerging threats.
http://www.speaker.gov/house-launches-bipartisantask-force-on-arLificial.-intelligence/.
This is a further example of how much more study is done before enacting legislation on this
subject.
For these reasons, Senate Bill 97 will not become law."


Statutes affected:
SB97 Original: 18:1463(A)
SB97 Engrossed: 18:1463(A)
SB97 Reengrossed: 18:1463(A)
SB97 Enrolled: 18:1463(A)