This bill aims to enhance transparency and consumer protection regarding media created or altered using artificial intelligence (AI) in West Virginia. It introduces a new article in the Code of West Virginia that defines key terms related to AI-generated media, such as "Artificial Intelligence," "AI-Generated Media," and "Disclosure." The bill mandates that any entity involved in the creation, distribution, or transmission of AI-generated media must provide clear and conspicuous disclosures indicating the use of AI. Specific requirements for the form of disclosure are outlined, including visual watermarks, audio statements, and on-screen identifiers for various types of media.

Additionally, the bill establishes enforcement mechanisms and civil penalties for non-compliance. The attorney general is granted the authority to enforce these provisions, with penalties reaching up to $100,000 per day for organizations and $1,000 per day for individuals who violate the disclosure requirements. The bill also allows individuals harmed by undisclosed AI-generated media to pursue legal action for damages. Exceptions to the disclosure requirements are provided for internal research, non-material alterations, and private personal use. Overall, the legislation seeks to protect consumers by ensuring they are informed about the nature of the media they consume.

Statutes affected:
Introduced Version: 46A-9-1, 46A-9-2, 46A-9-3, 46A-9-4