S.B. No. 893 aims to address the creation and distribution of misleading media, specifically focusing on deep fake videos, audio recordings, and altered images that could deceive voters or harm candidates during elections. The bill amends Section 255.004 of the Election Code, changing the heading to "FALSE MEDIA AND SOURCES OF COMMUNICATION" and introduces new subsections that define criminal offenses related to these misleading forms of media. Notably, it establishes that creating or distributing deep fake content with the intent to deceive is a Class A misdemeanor, while a new offense for creating altered images is classified as a Class B misdemeanor.

Additionally, the bill provides an affirmative defense for individuals who label altered images clearly, indicating that they are not genuine. It also allows individuals depicted in misleading media to seek injunctive relief against further violations. The definitions of "altered image," "deep fake audio recording," and "deep fake video" are clarified, excluding satirical representations and superficial alterations. The law will take effect on September 1, 2025, and applies only to offenses committed after this date, ensuring that prior offenses are governed by the existing law.

Statutes affected:
Introduced: Election Code 255.004 (Election Code 255)
Senate Committee Report: Election Code 255.004 (Election Code 255)
Engrossed: Election Code 255.004 (Election Code 255)