The proposed bill seeks to amend the Code of West Virginia by introducing a new section, 3-8-12a, which establishes regulations regarding the use of synthetic media and artificial intelligence in political contexts, particularly during elections. It defines key terms such as "artificial intelligence," "synthetic media," "creator," and "depicted individual," and outlines the conditions under which the distribution of synthetic media is prohibited. Specifically, it prohibits the distribution of synthetic media that falsely represents an individual within 90 days of an election, without the consent of the depicted individual, and with the intent to harm a candidate or influence election results. However, exceptions are made for synthetic media that includes a clear disclaimer indicating its manipulated nature.

The bill also stipulates penalties for violations, classifying them as misdemeanors with fines up to $1,000 per violation. It allows individuals to file complaints with the state election commission regarding suspected violations and permits courts to impose civil penalties in civil actions against creators or sponsors of such content. Additionally, the bill clarifies that compliance with this section does not exempt individuals from liability under other laws and empowers the Secretary of State to propose rules for implementation.

Statutes affected:
Introduced Version: 3-8-12a
Committee Substitute: 3-8-12a