1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1655 By: Rader
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6 AS INTRODUCED
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7 An Act relating to elections; defining terms;
7 prohibiting distribution of certain media within
8 certain time period; requiring certain disclosures;
8 establishing requirements for certain disclosures;
9 authorizing action for certain relief or award of
9 damages; authorizing award for certain costs and
10 fees; providing exceptions to applicability of
10 provisions; providing for codification; and providing
11 an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 16-127 of Title 26, unless there
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17 is created a duplication in numbering, reads as follows:
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18 A. For purposes of this section:
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19 1. “Deceptive and fraudulent deepfake” means synthetic media
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20 that depicts a candidate for elective office or political party with
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21 the intent to injure the reputation of the candidate or party or
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22 otherwise deceive a voter that:
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 1 a. appears to a reasonable person to depict a real
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2 individual saying or doing something that did not
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3 actually occur in reality, or
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4 b. provides a reasonable person a fundamentally different
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5 understanding or impression of the appearance, action,
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6 or speech than a reasonable person would have from the
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7 unaltered, original version of the image, audio
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8 recording, or video recording; and
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9 2. “Synthetic media” means an image, an audio recording, or a
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10 video recording of an individual’s appearance, speech, or conduct
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11 that has been created or intentionally manipulated with the use of
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12 generative adversarial network techniques or other digital
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13 technology in a manner to create a realistic but false image, audio,
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14 or video.
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15 B. Except as provided in subsection C of this section, a
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16 person, corporation, committee, or other entity shall not, within
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17 ninety (90) days prior to an election at which a candidate for
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18 elective office will appear on the ballot, distribute a synthetic
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19 media message that the person, corporation, committee, or other
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20 entity knows or should have known is a deceptive and fraudulent
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21 deepfake of a candidate or party on the state or local ballot.
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22 C. 1. The prohibition in subsection B of this section shall
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23 not apply if the audio or visual media includes a disclosure
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24 stating: “This ___________ (image, audio, or video) has been
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 1 manipulated by technical means and depicts speech or conduct that
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2 did not occur.”
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3 2. For visual media, the text of the disclosure shall appear in
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4 a size that is easily readable by the average viewer and no smaller
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5 than the largest font size of other text appearing in the visual
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6 media. If the visual media does not include any other text, the
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7 disclosure shall appear in a size that is easily readable by the
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8 average viewer. For visual media that is video, the disclosure
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9 shall appear for the duration of the video.
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10 3. If the media consists of audio only, the disclosure shall be
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11 read in a clearly spoken manner and in a pitch that can be easily
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12 heard by the average listener, at the beginning of the audio, at the
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13 end of the audio, and, if the audio is greater than two (2) minutes
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14 in length, interspersed within the audio at intervals of not greater
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15 than two (2) minutes each.
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16 D. A candidate whose appearance, action, or speech is depicted
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17 through the use of a deceptive and fraudulent deepfake may seek
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18 injunctive or other equitable relief prohibiting the publication of
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19 such deceptive and fraudulent deepfake or may bring an action for
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20 general or special damages against the person or entity in violation
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21 of subsection B of this section. The court may award a prevailing
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22 party court costs and reasonable attorney fees.
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23 E. The requirements of this section shall not apply to:
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 1 1. A radio or television broadcasting station, including a
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2 cable or satellite television operator, programmer, or producer,
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3 that broadcasts a deceptive and fraudulent deepfake prohibited by
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4 this section as part of a bona fide newscast, news interview, news
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5 documentary, or on-the-spot coverage of bona fide news events, if
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6 the broadcast clearly acknowledges through content or a disclosure,
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7 in a manner that can be easily heard or read by the average listener
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8 or viewer, that there are questions about the authenticity of the
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9 materially deceptive audio or visual media;
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10 2. A radio or television broadcasting station, including a
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11 cable or satellite television operator, programmer, or producer,
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12 when it is paid to broadcast a deceptive and fraudulent deepfake and
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13 has made a good faith effort to establish the depiction is not a
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14 deceptive and fraudulent deepfake;
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15 3. An internet website, or a regularly published newspaper,
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16 magazine, or other periodical of general circulation, including an
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17 internet or electronic publication, that routinely carries news and
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18 commentary of general interest, and that publishes materially
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19 deceptive audio or visual media prohibited by this section, if the
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20 publication clearly states that the materially deceptive audio or
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21 visual media does not accurately represent the speech or conduct of
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22 the candidate; or
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23 4. Materially deceptive audio or visual media that constitutes
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24 satire or parody.
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 1 SECTION 2. This act shall become effective November 1, 2024.
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3 59-2-3315 TEK 1/16/2024 12:25:16 PM
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